Dear friends,
We have a house in the name of my mother. She passed away in 1992. We have not changed the name in any of the documents. The legal heirs are: Myself, my younger brother and my father. My sister passed away before 1992. But her daughter is still here. I now want to sell the house. But my brother does not want to sell it. He wants to mortgage it.
My Questions are:
1. If we sell the house, who all are entitled to the sale proceeds? Does the daughter of my late sister have any rights? If yes, do we require her consent and signature for the sale?
2. Before the sale, is it required to change the name on the documents?
3. If we decide to partition the house, whose signatures are required? There are only 2 floors in the house. How will it be partitioned?
4. How much will the cost of partition come to? What is the current stamp duty and registration charges in Tamil nadu?
5. What is a 'dwelling house'? Is this a dwelling house? Only my brother and father are living there. Iam in another city.
Also, please tell me which is the best course of action now.
Thank you everybody.
