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How can we sell the house co-owned by mother and my sister


29-May-2023 (In Property Law)
We have a house co-owned by my mother, my sister and myself. In January'16 my mother passed away. My father is alive. We are 5 siblings but do not have any dispute over the sale/inheritance of property. We have my mother's death certificate with us. Now my question is that how can we sell the house. Do we need any legal document? Who will sign on behalf of my mother?
Answers (4)

Answer #1
998 votes
You will have to get a succession certificate from court as regard to succession of your mother's right as husband is alive and you are five siblings and they will have right as legal heirs . If there is a will executed by your mother then there will not be much of an issue but if no will then succession certificate will be must from a court.
Answer #2
659 votes
you have to obtained succession certificate granted by the competent court of law and through letter of administration you can sell the house. and another option that you can also sell the house with consent of all the legal heirs by executing deed of relinquishment in your favour thereafter you can sell the property as per your convenient.
Answer #3
955 votes
If your mother has not left any Will then her share automatically devolve upon the legal heirs i e her husband and her five children equally, this includes your sister who already has share in it. So tell me where is the difficulty? Because if all you agree then you can legally do so
Answer #4
716 votes
first do the mutation of the property and then only you may be able to sell it. all the legal heirs of your mother will have vested interest in property if there is no will, mutation of property is pre requisite.

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