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Sale of property.

Querist : Anonymous (Querist) 16 September 2023 This query is : Resolved 
Two years ago my father died intestate. We are three sons to him and my mother is now 70 years old and the entire property is with my father's name. (My father got the property by way of a partition deed, in 2000)Due to some reasons, we all wanted to sell 2 acres of land even before entering into a partition deed. When property is not in our names, is it possible to sell the land? Will the sub-registrar accept to register it in the name of the purchaser? What is the legal position?

Isaac Gabriel (Expert) 16 September 2023
Your mother also entitled for a share.It is advisable to patition the property among yourselves and sell your share.
kavksatyanarayana (Expert) 16 September 2023
If you want to sell the property or not, obtain your father's death certificate and legal heir certificate from the Tahsildar concerned. Your mother, you and your siblings including sisters if any shall execute the sale deed in favour of the buyer. If you want to retain the property, all of you enter into a partition deed by meats and bounds.

T. Kalaiselvan, Advocate (Expert) 17 September 2023
You obtain a legal heirship certificate from the revenue department and then sell the proposed land to the prospective buyer by executing a register sale deed jointly by ll the legal heirs of your father.
There is no necessity to transfer the property to yor name neither you need to partition the properties if you all have decided to sell it jointly
Querist : Anonymous (Querist) 17 September 2023
Respected Isaac sir,
Thank you very much for your advise.
Querist : Anonymous (Querist) 17 September 2023
Respected sri kavkSatyanarayana and Sri T. Kalaiselvan,
Thank you for taking the time to address my query and providing a satisfactory solution. I am truly grateful for your assistance.
kavksatyanarayana (Expert) 17 September 2023
Welcome sir.............................
Dr. J C Vashista (Expert) 18 September 2023
Well advised by experts, I agree.
Get the property mutated in your names (all 4 surviving members of deceased) and sell it.

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