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How to sell a property where one of the joint holders is deceased


13-Aug-2023 (In Property Law)
I want to buy a resale flat ( situated in Mumbai ) jointly owned by Father & Son ( both are Hindus ). As the father passed away a couple of years back , I want to seek the following clarifications before proceeding further in the matter. 1. Whether the surviving owner can sell the property by executing sale agreement all by himself ( signed only by him. ) ? 2. As the deceased co owner is also having other legal heirs ( Spouse & other children ) is it necessary that they should also join the surviving co owner in executing the sale agreement ? If yes, in what capacity ? 3. What other additional documents / precautions to be taken to safeguard my interest. Please enlighten me in this regard at the earliest as I want to complete the formalities as early as possible.
Answers (1)

Answer #1
733 votes
If the other legal heir are alive and then without their consent a property can not be sold as they are surviving legal heir of deceased and having equal shares in property. If other co-owner can get NOC from survivor of deceased then only he have right to dispose of property in your favour.
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