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senchulaxmi (homemaker)     10 April 2011

Right of a legal heir

the property of our father is transferred in the names of 4 - mother and 3 siblings- who r the legal heirs .if the mother decides to sell can any one of the heirs ask for the share in the sales proceeds. can others decline ? if so , how  he/she excercise the right.


 12 Replies

Naresh Kudal (none)     10 April 2011

What kind of property is this? If there is any pre-emption right with the property, anyone among hairs can ask to purchase the same, otherwise any hair can dispose off his share as per his willing.

1 Like

senchulaxmi (homemaker)     10 April 2011

its a flat 

senchulaxmi (homemaker)     10 April 2011

the flat rented out currently , rent enjoyed by the widow who stays with one sibling.but not cordial relation with d in law. 

senchulaxmi (homemaker)     10 April 2011

the query is can  a  heir ask for the share of sales proceeds when it is reqd to sign the NOC before sale.

Naresh Kudal (none)     10 April 2011

asking for share in sale prodeeds is not fair and not legal.

Naresh Kudal (none)     10 April 2011

you had your share already.

1 Like

Bharatkumar (ADVOCATE )     11 April 2011

First all member meet eachother and decided that who is the purchase this property then who like to purchase property he / she pay a amount of property to them (as per each share in property).

1 Like

raj kumar ji (LAW STUDENT )     11 April 2011

agree with bharat sir


senchulaxmi (homemaker)     11 April 2011

Originally posted by :Naresh Kudal, Adv.
you had your share already.

i dont get you. no amount has been recd . if flat is being sold to outsider, then all legal heirs hv to sign at the time of regn. so if a needy heir asks for  share what is wrong?

sanjoo (dm)     12 April 2011

If your father's property was shared between your mother and siblings then your mother can sell her share to anybodyand nobody can stop her.

senchulaxmi (homemaker)     18 April 2011

If the mother plans to sell the flat and invest the whole proceeds in capital bonds with a son alone as the nominee, excluding the others, by obtaining their signatures in the NOC form , will she be able to sell without their knowledge ? the other two siblings dont agree to forego their share { 1/4 each }. this is the situation.

Adv Archana Deshmukh (Practicing Advocate)     18 April 2011

If the property stands in the name of the father, the mother cannot sell it without the consent of the other heirs as the signature of the other heirs or their POA will also have to be there on the sale deed. The others heirs can seek partition of the property so that they can get their share. 

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