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)


166 votes

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.

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