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INHERITANCE DISTRIBUTION Queries
03-Oct-2023 (In Property Law)
My father expired on 16th Sep 2020 due to sepsis after an operation in Bhopal. He did not leave a will. He has properties and FDs in Bhopal and Inherited properties in a village in Uttar Pradesh. He left behind 5 children (4 daughters + 1 son) and a wife. My brother's family and my mother lived with him in a house also owned by my father in Bhopal. I have following questions:
1. Who has the authority to sell his properties? What will be the process to sell his properties?
2. What can be done about his bank accounts and FDs? He did not leave a nominee's name in any of those.
3. Can my brother sell it without the sisters' presence/approval?
4. Does my mother have the authority to sign the sisters' share to the brother?
5. Is there any work-around/ loophole that my brother can use to take over the sisters' shares?
6. What is the process/documents a sister needs to go through to let go of her share?
1. To sell your father's property, all of you (brother, sisters and mother) should assent to it. It cannot be sold by any single member or by some of them.
2. For Bank account and FDs you (all or any one heir with the assent of others) should get succession certificate from court for that. But each heir shall be equally entitled to the money.
3. No, the brother can't legally sell it without the consent of all.
4. Your mother don't have such authority.
5. No, the brother can't legally do so.
6. The sister has to execute a relinquishment deed and get it registered.
2. For Bank account and FDs you (all or any one heir with the assent of others) should get succession certificate from court for that. But each heir shall be equally entitled to the money.
3. No, the brother can't legally sell it without the consent of all.
4. Your mother don't have such authority.
5. No, the brother can't legally do so.
6. The sister has to execute a relinquishment deed and get it registered.
Helpful?
Adv. Pradeep Naik
Indore | 200+ Answers
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