Right to sell of co-owner after the first owners death
MY FATHER HAD ONE DDA FLAT WITH JOINT NAME OF MY MOTHER WITHOUT ANY % WRITTEN ON CONVEYANCE DEED AND HE ACQUIRED THIS PROPERTY BY HIS OWN MEANS. NOW MY FATHER EXPIRED AND MY MOTHER WANT TO SELL THIS PROPERTY, CAN SHE SELL THIS PROPERTY ALONE BY HER OR HER CHILDREN HAVE TO MAKE A RELINQUISHMENT DEED IN HER FAVOUR.
There is no requirement of relinquishment deed as such you can go ahead and obtain your father's death certificate and succession certificate then apply for mutations and then finally after obtaining NOC from you all your mother can go ahead and sell it out as one of the survivors.
Advocate Nishant SolankiDwarka, Delhi
If no percentage is discribed then ur father is 50pc owner and if there is no will property devolves on son and mother in such case property can be mutated with the use of registered RD in favor of ur mother
Advocate Nitish BankaVasant Kunj, Delhi
Yes all the first class legal heirs become owners of half portion. All legal heirs have to give relinquishment deed in favour of mother than only mother will have the clear title and can sell the same.
Advocate Jaspreet Singh RaiGreater Kailash 1, Delhi
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