Property sell law clarification
Supratik
(Querist) 02 April 2013
This query is : Resolved
Dear Sir,
This is related to the Ancestral property/Land in Bishnupur District in West Bengal.The property belongs to my Mother's side and they are two brothers and three sisters.The ownership of the property is in the name of 5 members including my late maternal grandfather alongwith his brothers.Amongst them all have expired excluding one of the legal heir ( my maternal grandfather's younger brother)who is untraceable.Now my mother alongwith her younger sister and her brother had given an advt. in the local newspaper in 2008 stating that if in 3 months no other legal heir comes to claim the land ownership then the property would be own by my mother and her other two siblings.Nobody came to claim the same.
The query is:
1.How to sell the property and what is the process according to Law?We have paid all the due taxes
2. Do we require the death certificates of my maternal grandfather's brothers?
3 .Any specific law pertaining to West Bengal regarding land sell?
Please advice and help in the same.
prabhakar singh
(Expert) 02 April 2013
"my maternal grandfather's younger brother)who is untraceable"
You have not stated the date from which he stood lost.
You have not stated whether or not any FIR was lodged in local police station or not.
An advt. in the local newspaper in 2008,can not prove his death.
The presumption of law about death is that if a person has not been seen for last 7 years by persons who would have naturally seen him had he been alive,he would be presumed to have died unless party claiming him alive proves he is alive.
Was he unmarried issueless?
Supratik
(Querist) 02 April 2013
Dear Sir,
Thanks for the reply.
By untraceable I mean that even though he is alive but none of my mother's brothers and sister are in touch with him and we dont know where he is settled at present.
For that reason, we had given the advt. in the local newspaper in 2008 stating that any legal heir of the property can come out for the claim but nobody turned up.
Further, He was married and had a son.
I would seek your advice that if he doesnt turn up and we are also not able to contact him, can we sell the property?
prabhakar singh
(Expert) 02 April 2013
WHEN HE HAS HIS SON AND WIFE YOU CAN NOT SELL HIS SHARE.YOU CAN SELL ONLY YOUR SHARE IN THE PROPERTY AND NOT HIS SHARE.
Supratik
(Querist) 02 April 2013
Thanks for the advice sir.
Raj Kumar Makkad
(Expert) 02 April 2013
You have got no right by merely advertising in a newspaper. Hindu Succession Act do not permit the transfer of ownership in the way you desire. The legal heirs of the deceased are already alive and they have only got legal right to inherit.
Devajyoti Barman
(Expert) 02 April 2013
Your mother is not the full owner of the property. She may however take advantage of the situation that no other co sharers are forthcoming and buyers may also be interested.
Otherwise she is entitled to sell her due share only.
