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How to sell a flat which is registered on 2 person's name


09-Jul-2023 (In Property Law)
I am Hindu married man. I have purchased flat in 2001. It's registered under both names between me and father. Now my father is no more and I would like to sell flat. What are legal implications for the same? And what are documents i need to produce while selling flat ?
Answers (3)

Answer #1
991 votes
Since the flat purchased is in joint name of yourself and your father and if the agreement does not specifically states the percentage of holding of share in the flat then it will be assumed that there is a equal holding. Now, whether your father has left any Will or died without Will? If your father has made WILL then you have to obtain probate on the property of your father which belongs to him, in present case it also includes 50% share in the flat. If your father has not made WILL then you have to obtain Letter of Administration from the Court. Only after following either of the procedures (as may be applicable) you cannot legally sell flat.
Answer #2
868 votes
You first need to obtain succession certificate and prove yourself as the sole legal heir of your father in absence of his will, secondly get the transfered share of flat in your name from the society.
Then only you will be able to sell
For any further assistance on this matter do contact as our firm is providing all necessary compliance in such matters
Answer #3
856 votes
You can file the application for heirship certificate for 50% undivided share in the property and then you can sell the flat. Till then you can execute a memorandum of understanding with the purchaser.

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