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Mother wants to sell flat after father's death can she do that


06-Oct-2023 (In Family Law)
My mother wants to sell the flat and my father is no more ( 19 years back ,he died due to heart attack). But the flat was on his name that time and later it was changed to my mother's name . There was no wish made by him so that her name comes into picture .We are 3 siblings (elder brother ,elder sister and myself). To my knowledge , whenever such flat want's to be sold out then NOC is required from all of us. What is to be done in cases where anyone of us don't give NOC to mother ? Can flat be sold out ? And if yes then which process we need to follow ?
Answers (1)

Answer #1
962 votes
If it is the self acquired property then it can be sold out directly. If it is ancestral property then each legal heir have equal right on that property. Thus without the consent of all legal heirs she can not sold it.

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