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Can son sell the property in the name of diseased father


19-Jan-2023 (In Property Law)
Can a son sale house which is in the name of his Father (who expired long time back without any will). Property documents are in his fathers name. Currently family consists of Widow, Son(married) and two daugthers (Married). Can Son sale fathers property by obtaining NOC from Widow, Son and two daughters. Pls adv. Thanks
Answers (5)

Answer #1
925 votes
Since your father died intestate ie. Without a Will , so as per Hindu Succession Act, your sisters, you& mother all have share in the property. Hence you need to take release deed before the selling flat.

Answer #2
810 votes
Hi,
Son cannot sell the property in the absence of Will.Property documents can be transfered in wodows name by making legsl procedure.Son can sell fathers property by obtaining NOC from widow,two married daughters with their consent.
Adv.ambrose leo
Amravati
Answer #3
929 votes
As you are one of the legal heir after your father's death, you have to file a case for heirship certificate in court where NOC of other legal heirs are required... Once you get the heirship certificate in your name and accordingly you can sell the house..
Answer #4
932 votes
yes you can sell the property . but you have to transfer the house in your name first by taking consent from other heirs...you can make them confirming party to the sale transaction also.but it is advisable to obtain letter of administration from the court for the estate of your father and then sell the house.
Answer #5
683 votes
you are first advised to procure a succession certificate due to non availability of will. successuin certificate gives all the legal heirs a clear title in the property. hence the further procedure shall follow accordingly

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