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Moon (manager)     04 July 2017

Inherited property sale

Respectel sir 

My father died in 2008 before dying  he had  given a application to  society ( property is in gujarat)  that after his death the soceity should transfer his share on my mothers name and on  basis of this society has transfered the share cerificate on my  mother's name we are two sisters . My elder sister is divorced and staying with my mother in above said property now we want to sell off that property and want to buy a new house in  the name of my monther . but we are facing some legal queries as foolows . 

 

1. As per buyer lawyer me and my sister are also have equal right on the said property and if we want to sell off this we have to surrender our share on our mothers name , if we do so do i lose my  total right on this property ? 

2. what is the best possible way to secure everyone's right equally. 

.  Thanks 

 

 

 

 



Learning

 7 Replies

Kumar Doab (FIN)     04 July 2017

The death certificate, legal heir certificate may help to update inheritance.

Thereafter all legal heirs can sell.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 July 2017

Mam, 

 

You need to obtain a legal heir certificate and then you both the sisters can relinquish your respective shares in your mother's name .... 

 

Warm Regards 

Kapil Chandna Advcoate 

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

kavksatyanarayana (subregistrar/supdt.(retired))     04 July 2017

You posted: we want to sell off that property and want to buy a new house in  the name of my monther. so get the death certificate of your father and legal heir certificate and then your mother, yourself and your sister can executed sale deed in favour of buyer and then buy a new flat or some property in the name of your mother, sister and yourself. If the property purchased by all of you, then you will have right over that property.

 

Ms.Usha Kapoor (CEO)     05 July 2017

I wholly agree with Mr.Kavksatyanarayana. Nothing more to say.MY opinion also is  the same.

Kumar Doab (FIN)     05 July 2017

Mr. kavksatyanarayan, has illustrated.

Agreed.

All legal heirs may sell jointly and buy jointly.

kavksatyanarayana (subregistrar/supdt.(retired))     05 July 2017

Thank you sir and madam for agreeing with me.

Kumar Doab (FIN)     05 July 2017

You are welcome.


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