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Sale of single room 12' x 14' to Daughter ,seller Mother.
17-Aug-2023 (In Property Law)
My father bought single room 12' x 14' in 1992 [.Actually this is old rented house & house owner sold to tenant who stayed for more than 50 years] .Now my father is no more & he has not made any will . My mother is alive & 82 years old and I have 4 sisters .One of my sister is interested to buy this house at Market rate . Can we sell this house to my sister ? What is procedure ? Is it necessary to transfer the said house first in mother's name & sell to my sister or can we sell directly to my sister ? House is located in Pune City Maharashtra State .Also apprx,how much will it cost for this procedure . One more problem ,just near to this house,my cousin brother is staying who is claiming this house as his & troubling like anything .Although he is relative we do not have normal relation since last 40 years & he has no right in this house . Pl advise.
Since it is tenanted property only the right to the same can be transferred to your mother after the death of your father as she was staying with your father along with you all sisters. Only with the consent of the owner of the property you can transfer or sell this rights to your sister. Further it seems that the owner of the property is someone else other then your Cousin. So if he harasses, you can file police complaint against him, subject to you can prove that the tenancy right over the property was held by your father.
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Adv. Bankim Mehta
Mumbai | 200+ Answers
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Well your query appears to be complicated. You can execute a Relinquishment Deed( with consideration) in stade of sale dees in favour your sister who is interested in buying the property. There is no requirement to transfer the same in favour of your mother first. Your father died without expecting any will hence you are entitled to dispose off the property unanimously. You can seek injunction from the court against your cousin brother for not creating any interest in the property. Regarding expenses will be discussed in personal consultation cause it depends on various factors which can be gathered from the documents.
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Adv. Ujwal Phasate
Nagpur | 100+ Answers
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