Transfer of property

Querist : Anonymous (Querist) 02 January 2010 This query is : Resolved
My father died in 1991 with out a Will for his self earned house property situated in Thanjavur in Tamilnadu.My mother, 7 brothers and 4 sisters who are alive are the legal heirs and there is no dispute among us in selling and sharing.We have not got legal heir certificate. A party well known to us is prepared to buy it with out legal heir certificate.Can all of us give a NOC in the form of an affidavit to my mother to execute the sale deed or is it necessary that all the legal heirs to be present at the time of registration?

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Ashok Yadav (Expert) 02 January 2010
How u can sign a sale deed for the property of which you are not the recorded owner, you will have to got mutated that property in all of your name, only after that u can sell it.
You should contact a local lawyer.

kanhaiyalal ojha (Expert) 03 January 2010
You all have to present at the time of registration in absence of power of sale. K L Ojha,advocate,Jharkhand High court,Ranchi-M-09431902920.

Querist : Anonymous (Querist) 04 January 2010
I sincerely thank both the lawyers for clarifying my query and look forward for opinion from other experts also.
R.Krishnaswamy

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