Can i sell the flat
Vijay Kumar
(Querist) 02 December 2014
This query is : Resolved
I am a co-owner of flat in Mumbai. My father was included as second holder of the flat though he has not contributed for the purchase of flat. My father died intestate leaving behind by his wife (my mother) and two children (myself and my brother). Can my mother & brother claim right in the flat? Is it possible for me to sell the flat? Will the society ask for NOC of my mother and brother in the event I need to sell the flat??
Your expert advise on the matter is appreciated.
Sailesh Kumar Shah
(Expert) 02 December 2014
your mother and your brother have 1/6th-1/6th share in the flat.
in case of sale of flat, execution of deed have to signed by your mother and your brother also.
ajay sethi
(Expert) 02 December 2014
1) on demise of your father his 50%share in flat would devolve on your mother and 2 children
2) you cannot sell the flat without consent of other legal heirs .
3) society will not grant you permission to sell the flat
3) your mother and brother can execute deed of relinquishment/ gift deed in your favour
R.K Nanda
(Expert) 02 December 2014
no more to add.
Rajendra K Goyal
(Expert) 02 December 2014
Consent of all legal heirs of your deceased father is required to sell the flat. Agree with the expert ajay sethi.
