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Hemal Desai (service)     23 November 2013

Father's self owned prperty

  We are three brother and one sister. we have one land we three brother want to sell same and ready to pay sister her share but she in not ready to sell can we shall same property without her sing or by  diposoting her share in court



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 8 Replies

Hemal Desai (service)     23 November 2013

                          This property was purchased my father.what  share we need pay our sister ?

Ms.Nirmala P.Rao (CEO)     23 November 2013

Either you'll've to take no objection letter from her or will've to deposit her share( in case your father and mother are no more) her 1/4 th share in the property and then transfer the remaining property. If you wish to thank me for this reply please click the thank you button on this forum.

Ms.Nirmala P.Rao (CEO)     23 November 2013

Either you'll've to take no objection letter  supported by a notarized affidavit from her that she has no objection to your subjecting the property in question to sale etc or will've to deposit her share( in case your father and mother are no more) her 1/4 th share) in the property in court or her bank account and then transfer the remaining property by way of sale.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 November 2013

During the lifetime of father, no one has any share in it. He is at liberty to make a bequest/gift of his property, and the property shall therafter devolve accordingly. It is only in the event of him dying intestate that all the class 1 heirs succeed to his property equally.

 

Hemal Desai (service)     23 November 2013

  Can she stop as from selling property ? 

kavksatyanarayana (subregistrar/supdt.(retired))     24 November 2013

what Ramachary ji said is correct.  During the lifetime of father, no one has any share in it. He is at liberty to make a bequest/gift of his property, and the property (as it is his self acquired property) shall therafter devolve accordingly. It is only in the event of him dying intestate that all the class 1 heirs ( i.e you, your brother, sister and your mother and other class 1 heirs if any )succeed to his property equally.

Hemal Desai (service)     24 November 2013

My father passed away in 1982 without any wil. Now we all brother's want to sell this property and ready to pay sister's share what ever it is. But she don't want to sell property.total property is 8 wingha land. So can my sister stop us selling this property ? Can we sell this property by dipositng mony in court

patrick george (Advocate)     26 November 2013

yes. she has a right to object as she is also one of the legal heir of your father. Mere no objection certtificate will not suffice. She has to execute a registered release deed, releasing her right of share in this property.


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