Selling our house!
Rama
(Querist) 20 June 2012
This query is : Resolved
I am the Administrator for all the properties of my deceased husband.
All monies from movable assets are being accumulated but we do have debts to be paid. Moreover, our house is on loan and we have to repay the loan to the bank.
We are 2 legal heirs myself and my husband's son.
We want to repay off the loan and divide all the assets and part off.
Can the son and I jointly appeal to the court to permit me for the sale of flat? Should we prepare an affidavit and give it to the court? Please let me know the procedure.
Or the son only has to give a No Objection for me to proceed further with the sale?
He has already given me a Power of Authority a year back so that I can sell the flat and settle all debts. Can that be attached and permission sought from the High Court?
Please advise.
Thanks,
Kiran Kumar
(Expert) 20 June 2012
I dont think High Court has any roll to play in this matter.
if there is a mutual understanding between you two then better talk to the creditors/ bank and settle the loan as per the conditions.
though you need to have Legal Heir Certificate from the court of competent authority.
ajay sethi
(Expert) 20 June 2012
1)i presume your husband died intestate . on his detah you and your son are the legal heirs . if house is flat in cooperative society then you can make application for transfer of flat in your joint names . execute indemnity bond in favour of society . get flat transfereed in yours and son name .
2)then you can sell the flat to repay off bank loan
Shonee Kapoor
(Expert) 21 June 2012
Get flat transferred in any one person's name by way of other signing relinquishment deed. Then sell the property and repay the loans.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rama
(Querist) 22 June 2012
Sir/s,
The Letters of Administration says that I, as an administrator should administer the properties and all assets and provide an inventory to the court within 6 months to 1 year(seeking an extn.) and also take prior permission before selling the property.
I have already got the Share Certificate transferred in my name after executing Indemninty Bond etc with the no objection of the other legal heir.
Many Lawyers of the opinion that there's no need to take a permissio from the court. Instead a no-objection/power of attorney from the other legal heir can be sought and then the house can be sold.
Want advise once again.
Thanks,
Anirudh
(Expert) 22 June 2012
When the Court order clearly says that you should take prior permission of the Court before selling the property, how on earth any Lawyer worth his salt can say that you need not take any such permission?
