seling joint proprty of 4 brothr in name of 1 deceased bro

Harsh (Querist) 26 May 2024 This query is : Resolved
There is one joint property of 3200 sq feet of four brother but on paper it is owned by only Elder brother. Now elder brother expired left with his only 1 son who is me. Now me & my 3 uncles want to sell property so what is best legal way i approach so in future i will not be in trouble and everything will be captured legally.

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This discussion addresses the legal complexities of selling a joint property originally owned by four brothers, but only registered in the name of the eldest. Following the eldest brother's passing, his son (the original poster) and his three uncles wish to sell the property. Advice suggests that while the property might legally belong solely to the son if it's in his father's name, involving uncles as 'confirming parties' or 'attesting witnesses' in the sale deed can ensure transparency and prevent future disputes. Open family discussion is highly recommended to agree on terms before proceeding.

T. Kalaiselvan, Advocate (Expert) 26 May 2024
You can include your paternal uncles as joint vendors in the sale deed even though there names are not appearing in the original sale deed, by making a recital that since they too have a share in it the property, they have become the joint vendors now.

Advocate Bhartesh goyal (Expert) 26 May 2024
Since the property is on your father's name though it was bought by your father and his brothers so In my opinion you should not include your uncles as joint vendors but make them as confirming party in sale deed and put a clarification in this regard in recital.

kavksatyanarayana (Expert) 26 May 2024
As the property is in your father's name you can enjoy it independently but you are ready to include your uncles as joint vendors, so while executing the sale deed they may be parties as confirming parties.

K Rajasekharan (Expert) 26 May 2024
If in records, your deceased father was the title holder of the property, and it has devolved on to you as you are the only legal heir of him, the property now belongs to you alone.

If it is so, you alone can sell the property, even though the proceeds can be distributed to your uncles too by you as you wish.

Anybody who does not own the property as per records cannot be made a seller in any document for sale of immovable property.

It is a wise advice to make your uncles as attesting witnesses in the document.

T. Kalaiselvan, Advocate (Expert) 26 May 2024
In order to avoid unnecessary disputes within the family members or the siblings and to create a rift or straining the good family relationship, it is advisable that you all sit together, discuss the subject matter at length and arrive at a mutually agreed terms to peacefully proceed in this regard

P. Venu (Expert) 27 May 2024
What do you mean by "but on paper it is owned by only Elder brother."?
What is the PAPER that you are referring to?
How the title to the property has come to be vested with your father/uncles?

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