Can I transfer my right in inherited property w/o asking other heirs?
We are 8 brothers and sisters and have inherited a house from our mother who died intestate. One of the inheritor is staying in the house. The remaining seven is staying in various cities in India and abroad. We the seven siblings want to transfer our property rights.
Is it permissible? Do we need to take the consent of the brother who is staying in the house? Can we transfer it to any person from outside the family? What is the correct legal approach? Please advice.
Answers (1)
You can transfer the property outside your family by virtue of Sale Deed, however before that you must know your portion of share, so you will have to seek partition. by a family settlement, by a registered instrument of partition, by oral arrangement by the parties, or by a decree of the Court. When a suit for partition is filed in a Court, a preliminary decree is passed determining shares of the members of the family.
The final decree follows, thereafter, allotting specific properties and directing the partition of the immovable properties by metes and bounds. Unless and until the final decree is passed and the allottees of the shares are put in possession of the respective property, the partition is not complete. The preliminary decree which determines shares does not bring about the final partition.
After partition, you can sell your portion of share to anyone you desire.
Kindly contact us for any further details and action.
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.
Related Questions
- Can property be claimed in case of transfer by an unregistered will
- Classification of legal heirs to the property of Hindu parents
- Parents died without a will how can children claim share
- Land property transfer or registration
- Getting property registered on legal heirs as brother refuse for same
- X demanding the property back as their third missing witness is back
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Related Articles
- how to get building completetion & occupancy certificate
- Can a Gift Deed be challenged in India? - Property Gift Deed Rules
- Sons and Daughters Rights in Father's Property
- Illegal Possession of Immovable Property/Land
- Joint Ownership of Property
- Family Property Dispute Legal Solution
- Transfer of Property to Legal Heir after Death
- How to Resolve Land Dispute
- How to sell property in pagdi system
- Grandson's Right in Grandfather's Property
- Hakka Sod Patra in Maharashtra
- How to get succession certificate
- Property Document Verification in Bangalore
- Ancestral Property Partition and Family Rights
- How to send property partition legal notice?