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sale and transfer of inherited property
24-Oct-2024 (In Property Law)
My mother (Seethamma) and her sister (Meenakshi) inherited property (agriulture land) from their father.
Both my mother and her sister expired almost 10 years back.
Now property jointly hold by me and my siblings, and my aunt Meenakshi's succesors.
Now all joint holders selling this property for a buyer except me as I am residing in this property. My share of property not for sale.
Please advise the procedure need to be followed to register property simontaneously for sale and transfer.
You can file a partition suit along with stay for not sell the land. You should take the legal heir certificate and RTC from the revenue department. Then you file a case against all other member of your family who are right in this property. If you need any more advise please contact me.
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Adv. Savitha Savi
Mangalore | 200+ Answers
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To proceed with transferring the ancestral property, all legal heirs must execute either a release deed or a partition deed. The release deed is needed if the legal heirs relinquish their claims on the property in your favor, while a partition deed is necessary if the property is to be divided among the heirs. Kindly provide copies of any related documents such as title deeds, previous partition or settlement agreements, and any proof of ownership. These documents will help assess the situation and determine the next legal steps for you to become the absolute owner of your share.
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Adv. Vasudha S G
Bangalore / Bengaluru | 50+ Answers
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For simultaneously selling and transferring the joint property, you first need to find a buyer for that part which you want to sell and all of you should join to execute a sale deed even if one of you is taking the whole consideration, and then in the partition document it should be shown that that one person has taken money instead of share is the property.
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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As it is a your mother's and her sisters inherited agriculture land and all the legal heirs are joint owners of the property. First thing they cannot sell the property without your consent and even if they sale it then it is illegal as per law, going ahead all the legal heirs of late seethamma and late. Meenakshi can go for a partition deed to so that everyone will get their share divided equally and if not all the legal heirs can get a 11E sketch for the schedule property from the ADLR Department from the jurisdictional Taluk Office, basee on the 11E Sketch you can apply for the phodi for the property so that every legal heirs get their share separately with separate sub number for the survey number for thw agricultural land and you can keep your share and rest others can sell their shares as their will.
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Adv. Farhaz Khan
Bangalore / Bengaluru | 25+ Answers
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