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Right of selling Father property without noc of deceased brother's so
23-Jul-2023 (In Property Law)
We are two son of my larent. My younger brother died in 2002 and he had also wife and son but after my brother death she did remarriage and my nephew (deceased brother's son) living with biological mother and step father. And I does not that my nephew formally adopted or not because biological mother ( brother's wife) not have death certificate of her deceased ex husband. THEN, I WANT TO KNOW THAT CAN I SELL MY FATHER'S PROPERTY WITHOUT CONSENT OF NEPHEW(LEGAL HEIR ). And my father died without making any will. And will I also take share of nephew?
That depends on the age of your nephew. If he is not major then the consent of his mother is advisable. if he is major, his consent to the selling of the property is advisable. if the child has been adopted then he has no right in the property. You can sell the property without any permission if this is the case. In case you are not sure as to adoption of the child, then a show cause notice can be issued seeking the current status of the child with the step father.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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