Sri Rangarajan 25 February 2023

Us citizen - property disposal in india

Hi,

My dad owned a house/property in Coimbatore India. My dad and mom have passed away.

Only two sons and my brother passed away too. So I am the only remaining legal heir.

My dad's will indicated that the property would pass onto both sons 50% each after his death (my mom will continue to live in the house till her death).

We have the legal heir certificate of both my dad and mom.

Both me and my brother are/were US citizens. My brother was divorced when he died. He has 2 adult children who are US citizens.

My question pertains to the sale of this property. Does the 2 adult children have a share of the property? They have not got any legal heir certificate, my brother has no will and they are not responding/cooperating with me regarding any property matters besides they have no idea of property matters in India (since they are US raised). So getting them involved to provide any documents for property sale is virtually impossible.

Will I be able to sell the property based on my dad/mom's will and legal heir certificate which states that only me and my now deceased brother are the only legal heirs of that property and keep the full sale proceeds since my brothers kids are totally unresponsive.

Thanks,

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 25 February 2023

The legal heirs of your deceased brother, i.e., his children are entitled for his share in the property.

If they don't cooperate for selling the property jointly along with you, then you can file a suit for partition and separate possession of your share in it

Once court passes a judgement allotting your share, you can sell your share of property independently.

1 Like

Dr J C Vashista (Advocate) 26 February 2023

Ifully agree with the opinion and advise of learned expert Mr. T Kalaiselvan.

Your nephews have equal share with you, which cannot be sold without their consent, it will be advisable to involve them in the transaction to avoid any sort of litigation.