Property rights in case of joint names


I have invested in a land alongwith my father. Both invested equal amount of money. The land records are in joint name with my father. I have one brother and one sister. In the event of demise of my father 

1. Will I be able to sell the land on my own ?

2. Will I get 100% of the sale proceeds ?

3. Will I need NOC from my brother and sister for selling the land and share the money with them ?

 
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Advocate

Sir, if your father has invested half of the amount for the property bought, then, for half of the property, all of his children are entitled for. So, in the half of the property, each of you have got 1/3rd share.

2. For the other half of the property, you are the sole owner and you can have 100% of the sale proceedings.

3. For the half of the property, you need to have NOC from your siblings.

 
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Suchitra Ji

If his mother is alive then the share of  half of the property will distributed in four parts it means he will get i/4 of half Plus half rest of your answer is right.


Total likes : 2 times

 
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Advocate

Sir, I didnt take the mother into account as there is no mention of mother in the query. You are right. Thanks for correcting me, Pranjal, Sir.

 
Reply   
 

Thanks for your replies.

In case my father writes a Will for his 50% share, what will be the selling procedure post his passing away.

 
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In this case first of all you have to file a petition for the grant of “Probate” of the will. For this you will also have to pay stamp duty. After you get the will probated in your favour, you can get the mutation done of the said house in your favour. To get the said will probated in your favour, you have to prove the said will by producing attesting witnesses (to the will) in the court.

 
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what happens if witness are not alive

 
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