property inheritance

Querist : Anonymous (Querist) 02 April 2011 This query is : Resolved
My father owing 3 houses died without a will and the legal heirs to the property are myself, my brother, my sister and my mother. Now can my mother take ownership of the entire property and sell it on the grounds that she has no other income and she needs the property for here survival without the heirs permission?

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A V Vishal (Expert) 02 April 2011
Although your query lacks certain basic details, assuming that the property is self acquired asset of your father and that he has passed away intestate, all the heirs viz. you, your brothers/sisters, mother( and other Class I heirs) succeed the deceased property and no single heir without consent of all other heirs cannot dispose the property.

Jitendar Kumar gupta (Expert) 02 April 2011
if you all brothers and sister give the power of attorney to your mother then your mother can sell the property.
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Advocate Bhartesh goyal Online

(Expert) 02 April 2011
Mr Vishal is right.I agree with him.

R.Ramachandran (Expert) 03 April 2011
As usual, Mr. Jitender always do not appreciate the queries and dishes out whatever that he thinks as an answer.
In the instant case when the querist is worried whether his mother can do any harm to him and his brothers and siters, by his mother by unilaterally selling the property, Mr. Jitender is suggesting that if the legal heirs give POA to her, she can sell the property.
Mr. Jitender has not understood that the intention of the querist is not how to sell the property, but how to protect their interest in the property, in case her mother wants to sell the property.
Thus, the query and the answer given by Mr. Jitender are diamatrically opposite and not at all useful to the querist.
I am seeing this trend of answer from Mr. Jitender with utter disregard to the query.
Therefore, at least in future, Mr. Jitender should apply his mind and then only give the answers, otherwise he will lose his credibility very badly.

I totally agree with the views expressed by Mr. Vishal. Once the legal heirs get their respective share in the property in question, the mother can at best sell her portion of the property (for which she does not need any consent from any one). However, if it is a dwelling house, then she should first make the offer to her son(s) and daughter(s) and only in the event of their refusing to buy, then she can sell to outsiders.

Guest (Expert) 03 April 2011
Although I agree with the last paragraph of Mr. Ramachandran, but I see something more in deep in its roots.

The question arises, why the mother feels that she is compelled to think to sell the property and what is the reason behind her thinking that she has no other income and she needs the property for here survival?

Naturally, she needs love, affection and proper financial support for her survival at least from her sons at this age.

May it be treated as my uncalled for advice, but her sons & daugher must need to review their behaviour towards her and to try to win her confidence so that at the fag end of her life she should not feel that she would die just for want of one or two bread a time and love and affection from her kiths & kins.