Sale of property owned by unmarried person who is deceased

You have an answer in your own question that your mother is the only class I legal heir to your deceased brother, so there is nothing wrong in she going ahead with the sale of the property to any one.  What do you want to clarify?  Once your mother is the only Class I legal heir available, you or your brother have no business in your mother selling the property to any third person, you cannot even claim any share in the sale proceeds until your mother gives something on her own.

Hello Sir,

Thanks for the reply. My question is what is the procedure to sell the property. I am only asking if my mother  has to sell what is the procedure to follow. We have all the documents, but I guess khata transfer has to be done to her name before selling. Is it possible to sell even without khata transfer to her name. Those are the questions that I have in mind. I am worried only about the process related part.

Thanks in advance. 

Chitra

Hi

Firstly, it has to be ascertained as to how your decesaed brother has acquired titile to the property , if it is self acqired property then it shall devolve upon ur mother, who must then get the khata transferred to her name before creating third party rights.

1. Before you Sell it to third Parties You Have to appraoch  BBMP Office and get the Khata transferred to Your Mothers name, assuming of course you are hindu.

2) At the time of selling the property , the purchasers if they are smart will take your signature as well your brothers signature. as a consenting witness to the sale deed.

Hello Sir,

Thanks a lot for the reply.

My brother has acquired the money out of his own money. It is not ancestral property. I understood. I shall get the khata done in my mother's name. I shall approach the BBMP to get the necessary documents needed for khata transfer. Yes we are Hindus. We have no problem in signing while selling, if we are also considered legal heirs to the property.

Thanks a lot for the clarification. That was of immense help.

Regards,

CHitra

I fully endorse the opinion expressed by ADV KALAI SELVAN.,what he says is right and practical