Selling of property in india what is the procedure

991 votes

After the death of grand father the right in the property equally divided between his legal heirs; grand mother and his childrens.If the property is in the joint name then only possible way is file a partition suit. If the buyer is ready and willing to buy the grandmas share then any time she can sell her undivided share to any buyer.After that the buye also file the partition suit for getting his purchased share.

Advocate Ajay NS LawRato

708 votes

If the property is in her name and if she is physically in good state of mind
She can sell the property and she doesn't want others consent.more over this is a common clause to give a detailed advice need to validate documents .you can approach the dostrict registrar along with her to validate the document intended to sell

Advocate Kishore R LawRato

726 votes

Hi Shaline
Good afternoon,

In this case, I need to confirm to which religion you belongs to, as the property proportions differs upon religion and personal property law. Here, your grand mother can approach the court concerned for the following reliefs;
(1) To cancel the sale of the grandfather's property that your said uncle sole in 2014.
(2) To seek maintenance for old aged parents, under CrPC Section 125.
(3) To seek partition of the Grand Father's Property, to sell the grandmother's property portion and to built a home as she wish.
(4) To seek police protection from threat and intimidation from the said uncle.

Your grand mother can seek one or all above said remedies. If she is not able to contest the case in the court physically, you or any next friend of her can conduct the case through power of attorney.

Hope my advice is clear for you.

Regards,

Sheejish
Advocate,
High Court,
Ernakulam

Advocate Sheejish P T LawRato