Sale of property

This query is : Resolved 

Querist : Anonymous (Querist)
18 January 2020

My father died in August 2013 and we 3 sisters and 1 brother had equal share. Now the share certificate shows 4 names as the members as per the Will and nominations. My brother refused to resolve the matter and is in possession of the Flat. In August 2019, he too passed away. We notified thru a letter to make changes to the share certificate, but they are asking for succession certificate. Can we 3 sisters sale the flat? We are ready to give our brothers's share to his family. Please advise.

kavksatyanarayana (Expert)
18 January 2020

Your father died. What about your mother? If she lives, the property shall devolve among your mother, 3 sisters, and brother (now his share to his family means his wife and children). So amicably settle the issue with your family friends and well-wishers. Otherwise file partition suit.

P. Venu (Expert)
19 January 2020

The particulars as mentioned in the Share Certificate are of no consequences. If your father had made a Will the property (i.e. the flat) needs to be dealt with as bequeathed. If no Will, the property is jointly vested with the wife and children of the deceased.

Dr J C Vashista (Expert)
20 January 2020

Mr. /Ms. Anonymous,
The intestate property shall equally devolve upon all LRs (including deceased son- your brother and mother/widow).
You have not disclosed all facts of the query.
It would be advisable to consult a local prudent lawyer for better appreciation of facts/ documents, guidance. and necessary proceeding. .

Raj Kumar Makkad (Expert)
20 January 2020

In the given facts by author, the share certificate after demise of her father shown the names of 3 sisters and one brother but the sole brother of the author has also died during the year 2019 and three sisters want to sale the flat which practically as on now is not practical until all 4 share-holders (one share for the LRs of deceased) mutually agree or either of the parties file a civil suit for the partition and possession.

So better to first file suit for partition and possession of the property if mutual settlement do not arrive between all stake-holders.

T. Kalaiselvan, Advocate (Expert)
Click to Talk
28 January 2020

If your father is reported to have died leaving his property intestate then the law of intestate succession will operate.
By this, the properties left behind shall devolve equally on his legal heirs and the legal heirs of the deceased legal
Therefore without the signature of the legal heirs of your deceased brother you can acquire the the property which involves his rightful share in it.
You may get the legal heirship certificate by adding his legal heirs names in the list and can apply for mutation jointly on all the names.
After that the property can be sold jointly

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