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Can a legal heir sell/lease his share of property
17-Jul-2023 (In Property Law)
Pls advise for situation as follows One duplex bungalow is freehold ownership under mother name and Father is not alive and registered will is created among two sons now mother is willing to gift deed the property for both sons but one of them intend get out from the deal due to co-ownership, However is also ready to get one portion of house either ground or first floor so that can take independent decision to sell / lease the property without the consent. And does the partition would be the better solution please let me know the professional advise on same to divide the house into two portion
if it is an ancestor property for which you and your brothers/sisters will be heirs to and you can enter into renta agreements. Also get the khata changed into your name (if you are the sole heir). See if there is a will which deals with this property, then the will will operate.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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There are two positions here, if your brother want to retain his share and sell or lease his share then after getting gift deed from mother, he can do so provided the gift deed mentions specific area of his gifted area. After such gift, he should get his area mutated.
If he wants to go out, he may further sell or gift it to another brother and can be completely out of the house.
If he wants to go out, he may further sell or gift it to another brother and can be completely out of the house.
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