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Sameer Malik (IS1)     28 December 2011

Property transfer and sell problem

My father purchased a plot in Tamil nadu (its on tamil nadi-bangalore border) near sarjapur.

My father died 12 years ago,the property is still lying vacant.

I want to sell this property.

I have following doubts :

1) Is it necessary to transfer it first and then sell it or we can directly sell it?

2 ) If we have to transfer it before selling, then what is the process for it and can i get it transfer on my name?

I am residing in delhi,so please mention what all paper work i can do from here only so that it becomes easier for me as i hardly know anyone in bangalore.

Please answer my quires in detail as i have no knowledge regarding this. :)

Best Regards,

Sameer Malik



Learning

 4 Replies

Sameer Malik (IS1)     28 December 2011

I forgot to mention.

This is not an ancestral property. It was purchased by my father on his own.

Family member alive:

My mother,my sister and myself.

Kanaksinh P.Boda (Educationist/Lawyer)     29 December 2011

No need to transfer. You can sell it by signing an indemnity bond  signed by all your family members, indemnifying the buyer  from claim if any.. A lawyer will do it on your behalf in Delhi it self.

M V Gupta (Advocate)     29 December 2011

Dear Mr. Malik,

There is no concept of ancestral property in the Islamic Law. In the absence of any will executed by your father, the property will vest in all the members of your family, i.e., yourself, your mother and sister in accordance with shares you are entitled to. You can sell the property to any one by all of you signing the sale deed and regisatering it. As the property is in Tamilnadu you will have to go there for execution and registration of the sale deed. There is no need  for any transfer deed in favor of yourself and others as the property would vest in all of you under law on the death of your father. This is called transmission of the property from the deceased to his heirs. The local purchaser will engae the servises of a lawyer or professional doucment writers for the purpose. Normally the purchaser will bear the cost of stamp duty and registration charges etc.

M.V. Gupta. 

niranjan (civil practice)     30 December 2011

You may  get entered in the property card,names of all the heirs.That will ease your sale.


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