• Processes involved before selling an inherited ancestral property

Dear Sir,

We have an ancestral house in Ujjain Madhya Pradesh. It was inherited by my grandfather under HUF and now after my grandfather's death has been inherited by my father under HUF. My father's HUF comprises of my father, mother and me(daughter, married).
Points to note:
1. Only a will stating that the property now belongs to my father's HUF and NOC from his 2 sisters is available 
2.The will has not been probated
3. There are no old registration papers available of the house.

Now my father wants to sell the property. Hence, I would like to know what all processes needs to be done to sell the property and what will the processes totally cost?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) it is ancestral property

2) property remaining undivided for four generations is ancestral property

3) apply for probate of will

4) notice would be issue to all legal heirs

5) if no objection is received you would get probate in 6 months

6) then apply for mutation of property

7) if registration papers are not available obtain certified copies of sale deed from sub registrar office

8) file an FIR about loss of original documents

9) then your father can with consent of coparceners sell the HUF property

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) in absence of title deeds you would not be able to sell the property

2) any purchaser would insist on original documents of title

3) apply for probate of grandfather will

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. It seems that your father is the karta of HUF. So he can sell the property only with the consent of the other members of HUF.

2. The will is required to be probated only in a select few cities of India. If the will relates to a property in those cities then failure to probate it reduces it to scrap.

3. Apply for probate of will so that rights under the will can crystallise.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

he can sell it, if probate is not effected but he has been taking possession over the property since its inception therefore he has accrued right over the property. when a person made a Will but its probation is not effected then that property shall be transferred through inheritance. and your father inherited that property. will is immaterial in your case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Now my father wants to sell the property. Hence, I would like to know what all processes needs to be done to sell the property and what will the processes totally cost?

If your father wants to sell the property then he may have to dissolve the HUF, by making settlements to all the members including coparceners and he should file a POP before the concerned court to get grant of probate to solve the case

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Now there is no certified duplicate copy with Ujjain sub registrar office or with gwalior registrar office as told to us by both the offices. And the original paper was lost long ago.

A paper publication to effect and record objection this may be published in any popular newspaper

After that the desired matter can pursued upon.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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