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Manish Gandhi (Superintendent)     04 January 2016

Can inherited property be sold without transferring to legal

It is noticed that one central government oficer filed intimation of selling his father’s property in Rajasthan, as father and mother both have expired. Sale was made directly by legal heirs i.e. officer , his sister and his two sons, without transferring property in the name of legal heirs i.e. no probet was obtained from court.

Is this possible to sell property without transferring in the name of legal heirs?



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 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 January 2016

Sir,

 

Not without mutation.

 

Warm Regards

Kapil Chandna Advocate

9899011450

jyotirmaya behera (advocate)     04 January 2016

If you (officer) want to sell the property then it require the no objection of the other legal heirs.

Nor you may sell only your share after the mutation of the property before that you can not .

Manish Gandhi (Superintendent)     05 January 2016

Thanks Chandana Sir & Behera sir,

Thanks for prompt response. Sale deed signed by all the four heirs and with mention by two sons of the officers that they have no objection. So, question is not of NOC by other co-heir but for the aspect that property is not transferred in the name of legal heirs and sold directly without probet of court.

Regards & Thanks.

 


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