Tuhin 14 February 2018

Query regarding property ownership

Hi, As my father died few days back, Even my mother died before him. I would like to sale out the property which is a two stories building. Unfortunately my father didn't prepare any Will for the property. My only sister is married. So, what will be the legal process to sale out the property ? What will be the involvement of my sister as well ?

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R.Ramachandran (Advocate) 14 February 2018

Since your father has not left any WILL, the property has to go equally to you and your sister. Without your sister's consent, you will not be able to sell the property. First you have to apply for and obtain Legal Heir Certificate. The legal heir certificate will mention all the legal heirs of your deceased father (needless to say it will mention your sister's name also). Once Legal Heir Certificate is obtained, then both you and your sister have to execute the Sale Deed by both of you signing the Sale Deed.