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In order to sell father's property what are the legal steps required
11-Jul-2023 (In Property Law)
I am from Andhra Pradesh. My grandfather and his brother purchased a land in 1957,Both brothers constructed 2 housed (Land divided in two Half's) . My Grandfather's brother has 1 son and 3 daughters While my grandfather has 5 Son's and 2 daughters. Currently my father and his brothers want to sell the property built by my grandfather . Following are the queries we have . 1. Should we first register the property on to my father and his brothers name and then sell it ? 2. Would daughter's have share in the property ? 3.if daughters cannot come to sign etc how do we proceed. 4. There is only one Registration document for complete property and we now want to sell only our share (Half that belongs to my Grandfather) how can we do it ?
1. Though originally the property purchased in 1957 was in the name of joint name of your GF and his Brother. But on the death of your GF, the property (half share) will be devolved upon his legal i.e. 5 sons and two daughters. There is no necessity of seperate registered sale deed from your GF to his legal heirs. The death certificate of GF is enough.
2. Yes, daughters have equal share in the property, if you are Hindus. But in practice in the society, the male members are giving some lumpsum amounts to the female members (daughters) and taking them to the sub registrar office and getting release deed. I do not know what is the practice is going on there in your society. But as per law, daughters get equal share.
3. Daughters signature before the Sub Registrar is compulsory. Either the brothers should give equal share or get their signatures on release deed before sub registrar.
4. Already answered in Point No.1. You can sell your half share by way of regd. sale deed just by mentioning that GF had expired on so and so date and he gets half share and hence we hereby selling the same. Your care is complicated one, hence it is better to contact me through Lawrato for further clarification.
2. Yes, daughters have equal share in the property, if you are Hindus. But in practice in the society, the male members are giving some lumpsum amounts to the female members (daughters) and taking them to the sub registrar office and getting release deed. I do not know what is the practice is going on there in your society. But as per law, daughters get equal share.
3. Daughters signature before the Sub Registrar is compulsory. Either the brothers should give equal share or get their signatures on release deed before sub registrar.
4. Already answered in Point No.1. You can sell your half share by way of regd. sale deed just by mentioning that GF had expired on so and so date and he gets half share and hence we hereby selling the same. Your care is complicated one, hence it is better to contact me through Lawrato for further clarification.
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Adv. Ravinder Pasula
Hyderabad | 100+ Answers
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