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Procedure for sale of intestate property
08-Jan-2023 (In Property Law)
Hi Experts, This is regarding my father property which he bought 12 years back. he died without giving any will. We are 4 sibling and my mother , all our brother and sister do not want shares , we want to sales amount to be given to our mother by the buyer , please advice options by which we can do that. we are hindu Thanks in advance
You can file petitions before the district court for succession certificate and probete petition. And you file no objections in fever your mother and probate certificate come in fever your mother and thereafter your mother become absolute owner and sell such property
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Adv. Sombir
Bahadurgarh | 25+ Answers
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Hello,
Two conditions arises in this case.
According to Succession Act , 1956.
Firstly if all of your brother and sister are adult then you have equal rights in your father's property along with your mother. When you will sale said property remember that all of you must do signature on sale deed because you have equal rights in your father's property, secondly If any one of you guys is minor then only your mother has the right to use said property for sale.
Two conditions arises in this case.
According to Succession Act , 1956.
Firstly if all of your brother and sister are adult then you have equal rights in your father's property along with your mother. When you will sale said property remember that all of you must do signature on sale deed because you have equal rights in your father's property, secondly If any one of you guys is minor then only your mother has the right to use said property for sale.
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Adv. Shubham Raj Srivastav
Rewari | 25+ Answers
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Hello dear, there is a simple solution of your problem, all the siblings can jointly transfer their share in the name of your mother. After transferring of the property, your mother can legally take the entire amount of plot considerations in her name. This can be done by transfer deed or by declaration suit.
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Adv. Akash Gupta
Gurgaon | 100+ Answers
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