OWNNERSHIP OF SELF ACQUIRED HOUSE ON DEATH OFFATHER

R.V.RAO (Querist) 30 July 2009 This query is : Resolved
SIR,
MY FATHER PURCHASED A HOUSE IN HIS LIFE TIME.HE PASSED AWAY WITHOUT WRITING A WILL.
MY MOTHER WHO IS ALIVE-CAN SHE BE CONSIDERED OWNER OF THE HOUSE FOR PURPOSE OF ANY SALE OR GIFT OF THE HOUSE?
IS IT NECESSARY THAT WE ALL SONS AND DAUGHTERS(ALL MARRIED) AND MAJOR GRAND CHILDREN SHOULD FILE A NO OBJECTION CLAIM AND DO WE NEED TO ARRANGEA SUCCESSION CERTIFICATE FOR HER FROM COURT AND THEN TRANSFER THE HOUSE IN HER NAME? OR IS IT NOT NECESSARY ,TO ENABLE OUR MOTHER TO SELL OR GIFT THE HOUSE WHATEVER WAY SHE WANTS?
RGRDS
R.V.RAO
raovr2001@yahoo.com

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sanjeev murthy desai (Expert) 30 July 2009
Dear R. V. Rao,

After the demise of your father, all his properties devoling upon his wife and children and his all his legal heirs have equal rights in respect of that properties.

If your mom want to sell that property all other legal heirs have to submit the no objection for that sell and also you can join as a confirming parties in that sale/gift/etc.

You can get the succession certificate or genealogical tree of your family.

before selling that properties she should secured transfer of her name in the revenue records/muncipal records, and you and all have to be sumbit the no-objection for secured the khatha in the name of your mother otherwise she can not transfer that property to the others.

sanjeev desai

A V Vishal (Expert) 30 July 2009
Mr Rao

Kindly clarify when did your father pass away. Further on dying intestate, the property has to be shared by the widow and her children (both sons and daughters) as per the Hindu Succession Act.

charudureja (Expert) 30 July 2009
here the wife and all his children male female whether married or unmarried are 1st class heirs to father's property and have equal share in it. nobodyis superior.
but the grand children are not included til the grandchild's father(father's son) or mother(father's daughter)has expired.
so if u wish to make ur mother the sole owner u will have to relinquish ur share in her favour by giving an affidavit.
if all of u agree to that then there is no need of succesion certifiacte. once it is transferred to ur mothers name she can dispose of the house in any way.

Y V Vishweshwar Rao (Expert) 30 July 2009
Mother - sons and Dauther will have equal share - to sell as joint Ownrs

Grand Children at present have no rigths - no need to join in the sale deed

Mutation proceedings in the name of mother for all of you or in the name of all of you be obtained - before the sale .

It is better to sell the proerty by all of You ( mother , sons & Dauthers ) as Joint Owners and Collectivley as Vendors.

Khaleel Ahmed (Expert) 30 July 2009
Yes all of the heirs of deceased should give declartion that the property left by your father to be transfered in your mothers name.