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General inquiry about family property


23-Jun-2023 (In Family Law)
Dear sir/madam, Due to some personal family issues, i and my wife is staying temporaily on rent and i want to know if our house which is under moms name inherited by her from my dad who owned it when he passed away. I wanted to know if mom agrees to sell of the property n me,my brother and mom can distribute the share among ourselves equally or in whatever ratio agreed. Can it be done??? Thank you
Answers (2)

Answer #1
755 votes
The main question is if your father made any will. In the absence of a will all three of you get equal share in his properties. If there's a will then you have to distribute the property according to the will. So in case of the flat, that was bought by your dad, all three of you have 1/3 share, if there's no will. This makes the three of you co-owners of the property. If you want to sell all three of you must agree and distribute the proceeds according to the share that you are entitled to.
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Advocate Abhiraj Rao

Adv. Abhiraj Rao

LawRato Mumbai | 25+ Answers
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Answer #2
799 votes
yes. you , your mom and your bro can sell the property by mutual consent. legally you all have equal shares. your wife can object only what u do with your shares. as there is no divorce between both of you.
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Advocate Rupesh Bhalshankar

Adv. Rupesh Bhalshankar

LawRatoMumbai | 25+ Answers
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