Advocate R T J Jebakumar

Questions Answered by Advocate R T J Jebakumar

Q: Flat in my mothers name, how to transfer ownership after her death

 i am the only child for my parents. I am presently 37 years old. 5 yrs back my mom died and one month back my dad too expired. We have a own flat in chennai in the name of my mother. I want to sell that flat as now i am living with my relatives at hyderabad. What is the procedure as the flat is in the name of my mother?

Advocate R T J Jebakumar answered
Sir/ Madam. In your case the law of inheritance operates in your favour, since you are the one and only legal heir for your parents, you are vested with all powers to deal with your property. Since your mother on whose name the property stands and your mother having died intestate, you being the only child assumes legal heirship in law.so you apply the death certificates of your parents and also the legal heir certificate from the concerned authorities and confirm that your name alone is written in the legal heir certificate and after that present an application along with the legal heir and death certificates to the corporation of Madras to change the ownership of the property from your mother's name to your name. And if you want to sell the property directly you can publish a public notice in any of the regional language newspaper through an advocate mentioning all the above said particulars. Thank you

Q: Majority willing to sell the common property, can they legally do so

Property question and we are hindu dear sir, if 10 Out of 9 Willing to sell a family property who is our common property of our family can we sold it or not ??

Advocate R T J Jebakumar answered
Sir/Madam Even if 9 out of 10 are willing to sell the property of your family, you are not entitled to sell the entire land and you are permitted to sell only your share i.e 9 shares out of 10 shares. If settlement among yours have not been taken place so far, please make arrangements to have a settlement deed among yourself and get it registered in the sub registrar office in respect of the properties . Thank you.