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Deepak Dhanak   21 February 2020

sell of joint ownership property

flat purchase d by father before 10 years. jointly. with mother. both names is there on share certificate.

father expires before 4 years.
we are 2 brothers.

1)now can mother sale this flat as sole owner of property to outsider?
whether it requires noc from 2 brothers?
2) mother can sign redelopment agreement with builder?
3)mother can gift the property to any son?

4) any release deed is compulsory before any transaction?


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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 February 2020

then after the death of the father, his share in the property would have vested in mother who was the joint owner. Mother can enjoy that property. But children do not have rights unless mother gives rights to the children.

 

Kishor Mehta (CEO)     22 February 2020

If there is no specific mention of share in ownership in the documents it is taken as equal shares of the owners and on the demise of one of the owners all his legal beneficiaries get equal rights to his share. Your mother doesn't automatically own the entire property.

P. Venu (Advocate)     22 February 2020

Yes, in my understanding, the property is jointly vested with all the legal heirs.

Kishor Mehta (CEO)     13 May 2020

The referred judgment refers to coparcenary property and is irrelevant in this case.

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