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Can I sell property which is in father's (expired) name.
22-Jan-2023 (In Property Law)
I am one of the five sisters and one brother. My parents and brother have expired. We have a house where my brother was staying with his family. After his death his widow shifted to a new house. Now all have agreed to sell the said plot to a promoter. My father’s name is there as the owner of the plot. Relevant documents are also in his name. There is no mention of our name. What steps we have to take before we can talk to the promoter? What are the prerequisite that we should fulfil before starting a dialogue with the promoter? Kindly guide us giving all the details. I am a hindu. Regards
Mam,
1. Check is there any will made by your father.
2.If no then make testamentory application before honorable court wherein you need to disclose all your movable and immovable property and as well as all legal heirs. Once court pronounce its verdict, thereafter execute testamentory certificate and same need to be dispatc before appropriate housing developing authority such as BMC or Mada and then you can put forth your word with promoter regarding above said concern.
1. Check is there any will made by your father.
2.If no then make testamentory application before honorable court wherein you need to disclose all your movable and immovable property and as well as all legal heirs. Once court pronounce its verdict, thereafter execute testamentory certificate and same need to be dispatc before appropriate housing developing authority such as BMC or Mada and then you can put forth your word with promoter regarding above said concern.
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Adv. Prem Dhurvey
Mumbai | 25+ Answers
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You have not exact date of your father's death given.If all agreed to sell or release rights to promoter.Then mutation in regard to succession have to be carried out. Then all legal heirs name mutated on record.Then you have to take power of attorney in your name or any other name as per your wish. And income proceed shall be written in power of attorney to whom and what percentage shall go.
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Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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If the plot was not transferred to any one then all of you need to mutate your names on the record of that plot/building. After that you will be able to deal with the promoter or If the promoter agrees you can directly deal with him by executing an affidavit.
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