• The owner of property has expired - who can sell the property?

The Owner of the Property My father has expired and i want to sell the property
My Fathers Legal Heirs are My sister ,My Mother & Myself (Son) 
In The Will It is clearly mentioned that Son will get all the properties once he is 20 years.(I am 25 now)
The will is unregistered . 
My mother & sister has no objection in selling the property
so i want to know what should i do to sell the property?
can i sell it staright away?
Also who will be going to Registrers office when signing for the sale of Property
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

Hello sir , first you have to Probate the WILL from court .. After you probate the WILL the court will pass a decree in your favour and the property will be transfered on your name .. Once it is done you can sell the property to any person .. You personally have to visit the registrar office for executing sale deed as you are the sole owner

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1) apply for mutation of property in your name on basis of father will

2) enclose consent of your mother and sister . Receipt of payment of property taxes till date . If no objections are received property would be mutated in your name

3) you can apply for probate of will

4) probate takes 6 months

5) then sell the property

6) probate is optional in Delhi but advisable to apply for probate

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your Will is unregistered, under such circumstances in Delhi you will have to file an application under Section 276(1) of Indian Succession Act 1925 for seeking Probate orders. As such there are no objection to will you will get the probate easily from court after that you can sell the property and get it registered in sub registrars office.

The application for a probate under Section 276(1) has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer. The application must contain the time of the testator's death; a copy of the last will; and the amount, title deeds and documents pertaining to the assets in question.

After receiving the application, the court issues a notice to the relatives of the testator to file their objections (if any), for the granting of probate of a will. A general public notice is also given in a newspaper.

If there are no objections raised and/or if the Court is satisfied that the Will in question has been validly executed, it will grant probate of a will only to the executor named in the Will.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) All legal heirs name will register in registered office. And later than show the will is o your name, then you can sell the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Get the property be transferred in your name and sale it. As your mother and sister have no issue you may let the sign even after the transfer so as in future there should be no problem.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Will without Probate has no value. If you have not taken the Probate as yet then it take several months if you apply for it now.

Now if your sister and mother has no objection then make them parties to the sale deed and sell the property. In that event there is no requirement to take Probate of the Will anymore.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Since the Will is not registered, the buyer may object. Now, when your mother and sister has no objection then get a relinquishment deed executed and registered in your favor from your mother and sister for their 1/3rd share each. The relinquishment deed will be executed on a stamp paper of Rs.100/- and charges for registration will be Rs.1000/- . Get a local lawyer hired and get it executed and registered. On getting the Relinquishment Deed executed and registered, you will become the owner of the entire property by virtue of sale deed in favour of your father read with Relinquishment Deed and can sell it straight away Now, you need not to refer the Will.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

1. You can sell the said property based on the will executed by your father without any grant of probate since probate of will is not required in NCR.

2. In the sale deed, make your mother and sister as the consenting parties or witnesses in the sale deed duly mentioning the fact of the will of your father in the recital.

3. All of you shall have to go to the Registrar's office for appending your signatures in the Registrar and also on the sale deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You need to get this will probated.

Once you obtain the probate order, approach the concerned competent authority so that this property is transferred in your name on the revenue records. This process is called mutation in legal terms.

Once the property is mutated in your name, you'll be fully competent to sell it off.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Respected sir..

Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive). First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate. After making enquiries, the Tehasildar will issue the legal heir certificate. On the basis of the said legal heir certificate ...And then take NOC from your mother and sister then your property will automatically and easily be sales by you ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Dear Sir,

First get transfer the property in your sole name by producing following documents.

1. Copy of unregistered Will.

2. NOC from your mother and sister.

3. Family heirship certificate.

4. ID proof.

Thereafter you can sell the property and you can sign the sale deed in the Sub-Registrar office and signatures of your mother and sister may be necessary on the demand of purchaser as consenting witnesses. For more guidance please call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. There is a provision in the Registration Act to have the Will of your father registered; so get the Deed of Will executed by your father registered. 2. Based on that registered Will, have the Revenue Registry mutated in your favour; for this you have to apply to the Concerned Village Officer or the Tehsil Office. Now you can execute the Deed of Sale of the property.

PKX Kuncheria
Advocate, Cochin
27 Answers
2 Consultations

By enforcing the Will you first transfer all the revenue records to your name.

For this your mother and sister may give NOC to the concerned authorities.

Once your ownership is confirmed you can proceed with the proposed sale of property.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

On the basis of WILL, u r absolute legal heir.

Either on the basis of WILL sell the property or get proprieties mutated in your name than sell it.

Only Ur presence will required.

And if any objection on the validity of WILL, probate is last option but not mandatory in Delhi.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can not sell it straightaway.

Get a probate for the will.

Once the same is probated then get the mutation on your name.

Thereafter after having the title of the land, ypu can sell off the land.

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi, using the will get the will the property transferred on your name first. Then, you will be handling all the things.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. "ALL" the Class-I legal heirs of the Deceased, can mutually with consent and joint signatures, execute a Sale-Deed with the purchaser, which will be legitimate for all purposes. No further documentary procedures shall be required.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer