Legal procedure to sell ancestral property as ancestors not alive


My grandfather passed away in May 2000 without leaving a will. At the time of his death, he was survived by his wife, 3 songs & a daughter. At present, his wife (my grandmother) & one of his sons (who was unmarried) are no more. The remaining clan - 2 sons & a daughter - want to sell the ancestral land. Any suggestions on how to go about doing this? A step-by-step solution would be helpful. We are a hindu family from west bengal

Answers (3)


292 votes

Dear client,
As per details provided by you I would like to suggest that your grandfather's property as of now is to be inherited by his sons and daughter all being 1/3rd owner of undivided share in the said property and all of the co-sharer will have to execute the deed of sale if you want to dispose off the property and if any of the co-sharer refuses to execute it then you will have to exclude its share and sale the said property but in that case you have to take care of the provisions of the preemption and and the person buying your share will have to go for partition .


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90 votes

yes it is possible. it can be done only by drafting the sale deed properly and correctly by any lawyer who deals with property matters. we have to provide the title by stating the deaths of the persons chronologically. then we will arrive to the title and the selling would be done legally.

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331 votes

Sir
As you are hindu, so, Hindu law of inheritance will come into play.
1. Make a legal heirs certificate. For which you require a certificate from the Councilor of your municipality/corporation , then an Affidavit from the 1st Class Judicial Magistrate.
2. 2 Sons and 1 daughter are equal shareholder of the entire immovable property.
3. Proceed for sale.
Thanks

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