New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Fern (consultant)     02 January 2012

Can nominee sell his flat?

On expiry of the father, nominee acquired residential flat. Other heirs - mother, a brother and a sister have release / renounce their undivided rights on affidavit in favour of nominee. Is it then necessary to get Succession Certificate to own or to sell flat after 1 year of father's death? Your opinions will be highly appreciated. 


 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 January 2012

you can sale it , it all depends on buyer.

1 Like

VIKRAM BALU (Advocate)     02 January 2012

What do mean by Nominee? No Immovable property - land/ building can be sold by a nominee. Did your father make a WILL? If yes -go as per the Will. If no - then,  get a legal heir Certificate and all legal heirs are joint owners of the property. if you decide to sell te property then all legal heirs have to sign/execute the sale deed. If any legal heir wants to release their share then the release deed must cumpulsorily be registered. If you decide to sell the property by appointing a power agent, then the power of Attorney executed by all the legal heirs and must be registered. There is no need for a sucession certificate unless someone disputes that he/she  is a legal heir and is the joint owner of the property.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register