ancestoral property

Shankar Iyer (Querist) 23 February 2011 This query is : Resolved
My grandfather had a house property ,which he had himself purchased for which he had not written any will before he died . He had 2 sons and 4 daugters. My father ( one of his son) is no more and my mother is surviving also presently one brother and 3 sisters are surviving.

We are intending to sell this property and i wish to know the legal right over the property for all the siblings in the absence of a will. Does the husband of the dead sister have any right ? If we have to sell the property and i initiate this , whose all NOC has to be obtained for selling the property. Request your expert advice on this , Should any other matter pertaining the case is needed, may i request you to ask for them . Thanks and regards: Shankar

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Amit Minocha (Expert) 24 February 2011
it is an ancestral property and needs to be divided first before it can be sold off.

V.Mahadevan (Expert) 24 February 2011
This is case of intestate succession.In the absence of a WILL,the personal law - Hindu Law - determines the as to who is to obtain the property of the deceased.The Indian Sucession Act lays down the heirs who will succeed to the estate of the deceased.In the given case, the widow of the deceased,and the lineal descendants will take/ share the estate.
The querist will do well to seek expert legal advice available locally and thereafter apply his mind to sale of the property.

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