Religion - Hindu / Property : Ancestral. Need to sell the property


Religion - Hindu / Property : Ancestral. After my father demise, the property got transferred to my mother name. My mother has 3 children and the share will go to all but my elder brother who is settled in London is not signing the documents (not giving share to mother.Now the problem is that my mother is running out money as she is completely bed ridden, in this scenario she wants to sell the house even her elder son is not singing the legal property documents. can she sell the house through court permission? any other suggestion.

Answers (3)


295 votes

Hello Sir I have perused your query. If the property in question is ancestral and the father died intestate then the property is equally inherited by the mother and children. Moreover, the mother in these circumstances is entitled to sell only her share in the property. A partition suit can be filed in such a scenario to cryatalize shares of everyone in the property.

If the property is transferred to the mother after the demise of the father by virtue of a will or gift deed then she is the absolute owner of it and thus does not need to seek permission from anyone to dispose or sell it off. For further information feel free to contact me. Thank you


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157 votes

Hi,
As per Indian succession act all four of you will save equal share in the ancestral property,
you can file a suit for partition of the property , in case the property could not be divided the court will order for the auction of the property and moreover your mother can claim maintenance From all three of you .

thanks
Ramit Sehrawat

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Query perused. Do let us know whether the property after your.fathers death was duly registered in your mother's name in the revenue records. ìf yes your mother can sell.off the property as per her wish. For further consultancy and legal services you may contact us .

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