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How to sell property of my deceased mother
31-May-2023 (In Property Law)
My mother owned a house collectively with myself and my sister. She passed away in January 2016. My father is alive and we are 5 siblings. I wanted to know who is the legal heir of the one third part of my mother in the property and who can sign on her behalf, in case we decide to sell off the house. We have a will on a plain paper (not registered) co-signed by both our parents, in favour of all us i.e. five sisters and brothers. Kindly note we do not have any dispute within our family over the property. Our main concern is to know who will sign on behalf of our deceased mother.
Depending on where the property is situated, you first need to have the will probated by a court of law. The probate will grant the legal heirs title over the property. Even though the property has been willed to all 5, one can relinquish their share in favour of just one person. The person in whose name the property has been probated can sign the sale deed.
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Adv. Angad Mehta
Delhi | 100+ Answers
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Your father, yourself and all your siblings would be the rightful heirs for the portion left behind by your late mother. Since she has passed away no one can sign on her behalf since it would be a criminal offence. The will can be acted upon by probating it before the appropriate court and then the property can get transferred to all your names.
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Adv. Hemant Phalpher
Delhi | 25+ Answers
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Forget about the will. The will which you have , has no legal sanctity. If the property is in your mother's name after her death the said property will be devolve between the surviving heirs. Your father will also have a share in the suit property. You all can sell the property jointly. If there is no dispute within the family, you can easily sell out your property. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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