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Bharath Kumar C (software engineer)     20 December 2012

Sale of property info needed!

Hi Experts,

I have a query regarding sale of bangalore property which is owned by my grandma who expired an year ago. (grandpa also expired long back)

my grandma has 5 children, 2 males and 3 females. out of which one male has released the property legally that he does not have any share in that.

my father have two children i.e. me and my younger bro who is 15years old. We wanted to sell the property as we need to shift to a decent location and the house is also some 70yrs old which does not fetch proper rents.

My grandmother has written a will that the property is for me and my bro but can be sold by my mother as guardian if my bro is minor. moreover 1 lakh has to be given to each daughters of her i.e. total of 3 lakhs upon sale. 

can the property be sold as my brother is minor? and is it better to execute will or to sale directly with all people signing the papers? (all 3 daughters r co-operative and do not claim anything from the property).

Please let me know how to proceed. We belong to hindu religion (in case of hindu succession act).

Thanks in advance,

Bharath :)



Learning

 1 Replies

Advocate Rohit (Advocate)     21 December 2012

if everyone is ready then the property could be sold. but since, the will is in your and your brothers name who is also minor. Thus, you and your mother(on behalf on your minor brother) can sign the sale deed and sell the property. subject to you pay Rs. 1 Lakh each to your paternal aunts and also out of the balance amount you and your mother needs to invest or keep aside half of the amount in your brothers name either through Fixed Deposit or gold.

 

So that once your brother attains majority he can do whatever he thinks right otherwise in future there could be legal hassels in the family.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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