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John Doe (VP)     18 December 2014

Property sale - coma patient

My father recently suffered a heart attack and has been in a coma for the last 2 months. He has a 50% share in a commercial property (a shop) that we are planning to sell and I would like some advise.

As background - the shop was bought by my grandfather and is registered under his name. On his death, my grandmother became the legal heir. In her will, she gave the shop to both her sons (my father and his brother). She also has three daughters who were not allocated a share of the shop in her will. The property papers were not transferred in the two sons names - and still show my grand father as the owner.

Can someone please advise what is the process to sell a property in such a case?

Thank you!



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     24 December 2014

You have to state that whether your grandmother is alive or not, if alive, then she will be a share holder to the intestate property let behind by her husband as a legal heir.  Your grandmother has no rights to bequeath the entire properties on her two sons name or anyone's name because she will be entitled to only 1/6th share of the property which she can dispose it in the manner she desires to.  In any event the Will would come into force only after her death and not before that. Therefore under the prevailing situation, if the three sisters of your father relinquish their rights by executing a release deed in favor of their brothers along with their mother, the property can be registered on the names of your father and his brother as per the settlement arrangement. Take the help of a local lawyer and go ahead with the issue as per his further advise.


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