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Sreyansh Surana   29 March 2016

Transfer of Property.

Mr. D owns a land. He dies without executing a will. Post death his land is inherited by his sons. The land is equally divided among 5 sons in a mutual agreement and no paperwork is done. This implies that there is no deed defining the share of 5 sons and their rights in the property. The elsdest son Mr. K possesses a deed which was executed when D acquired the land. A copy of such deed was given to rest four. On a piece of paper it the share of land was agreed upon and signed by the brothers. Now one of the brothers Mr. M wants to sell his share of land. On consulting a legal practioner Mr. M is advised that he needs the signature of all the other 4 brothers (in case any brother isn't alive , signatures of their legal heirs is reuired). Besides he is advised that the legal heirs of Mr. M ( I.e. a son and two daughters) should relinquish their rights in the property in a relinquishment deed). And only after satisfying these conditions the property can be sold. Please guide if the legal practioner is correct. Who actually have the rights in the property ? what is the best possible way to sell this property ? Is it possible to reverse mortgage the said property ?


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 2 Replies

Jai Karan Nagwan (consultant)     29 March 2016

Counsel has partially advised correct. However, if one share holder wish to sell, can do that, but it is not ascertained which piece of land is sold. However, if all brothers have settled within them that so & so Kila no. / khasara no. is owned by so & so brother. If no family settlement, other brothers need to consent not on sale of share, rather on family settlement of division of shares and allotment of Kila no. Secondly, daughters of brother shall not required any relinquishment of their respective shares.

Sreyansh Surana   31 March 2016

Thank you very much sir. Please do consider the questions that now remain unamswered.

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