Arnab GN 10 August 2019

Sale of ownership flat

My father and mother had a 500 square feet ownership flat in Kolkata. They are joint owners. My mother have passed away sometime back. Can my father sell the flat now on his own or he require me to be a part of the selling process? As far as my knowledge goes he can sell it off without me being included but some lawyer told me as per Hindu succession I also need to be a party with my father when the property will be sold. Please clarify the doubts.

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7 Replies

Arnab GN 10 August 2019

I missed out mentioning that I don�t have any brother/sister and is the only child.

kavksatyanarayana (subregistrar/supdt.(retired)) 10 August 2019

Ji, your lawyer's opinion is correct. you have 1/2 share in your mother's share with your father. that means you have 1/4th share and your father 3/4th share in the flat. so you both shall sale the property.

Arnab GN 11 August 2019

@kavkasatyanarayana thanks. So in that case what should be the next step to sale the flat?

g isaac (Lawyer) 11 August 2019

You are legal heir and the sale deed is complete only both of you sign the document/sale deed.

Arnab GN 11 August 2019

Can I directly put my name along with my father in the sale deed? Or there are some other legal formalities to be done before the sale deed is made in our joint name?

kavksatyanarayana (subregistrar/supdt.(retired)) 12 August 2019

YWS. YOU CAN.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 16 August 2019

1. You are entitled to 50% share of the Mother's Share in the property.

2. Father can execute Sale Deed and you have to sign as "Confirming & Consenting Party", PROVIDED father gives you money of your share. This will circumvent ALL possible legal documentations.

Keep Smiling .... Hemant Agarwal
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