Joint property father son, father died what documents

Mother of deceased father is also ClassI legal heir.

They should get the share of father mutaed in the name of all CLassI legal heirs and get a copy.

All legal heirs may either sign POA in favor of one of them or sign relinquishment deed in favor of one or atleast sign as consenting witnesses.

Rest your own counsel can guide you further.

 

Thanks for the reponse. I have talked to two legal counsles but getting a mix response. One says NOC is good enough and other says relinquishment deed is a must, NOC is not good enough.

 

The limited knowledge I have regarding mutation, it seems to be for the purpose of property tax rather than for title of the property. Then why is it considered necessary for selling the property.

To answer your quiry I may have to ask you as to when father and son purchased that propery?, whether that property is mutated in the name of father and son in revenue record? whether daughter is married? if married when her marriage took place? if not married then you may consider the following reply;

Since out of two owners who are Hindus one owner died the remaining owner can sell that property after getting relinqueshment of the share of mother and sister in his favour from mother and sister. The purchaser can feel safe.

He can sell that property after getting no objection from mother and daughter or after getting their signatures as consenting witness to the sale deed if he is living with them as joint family member and if the property is going to be sold by him for family necessities.

 

You should get relinquishment deed also from your mother and sister and if paternal grand mother is alive from her also. Any one or all of them can sign as POA or atleast sign as consenting witnessess.mMother, daughter, wife, son are class 1 legal heirs. All of them or the son himself get the property mutated in their or in his name.If  you appreciate this    answer please give me my profile likes in  exchange for a free legal advice.

NOC may not be neccessarily = Relinquishment.

Notarized Affidavit is not = Relinquishment.

Rest your own counsel specialzing in revenue/property/civil matters can guide you further.

 

I checked the Ghaziabad authority website regarding Property tax and there only Son's name is reflected. Is this good enough proof or do I need to check some other document?

Property tax may nbot neccesarily confer ownership.

Your query(ies) have been resdponded.

As already suggested, for further deliberations, consult local counsel  with all docs and inputs.

Hope you are satisfied.

Prefer proper legal opinion from a counsel specializing in revenue/property/civil matters.

The fee is reasonable and your good money and long term interest can be protected.

 

 

 

'Buyer Beware' is applicable to property deals.