• Transfering rights in lease hold property

My mother parents had a Part in Leasehold property, My mothers parents have expired & my Mother inherited their Rights.Now last year my Mother also expired, and I being her only child ,inherited her Rights in above Property.My share comes to 1/16 in property, can ii Transfer or sale my rights in the property to Third Party (as no one from family is ready to buy it).Is income Tax applicable
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

Hello,

Your part can only be sold after partition.

Without partition of the property you can not sell your part and any such sale proceed will be void.

Therefore, it will be better that you float the offer to family members and wait for sometime to see if any one of them agrees.

Get in touch with a local lawyer in order to file a partition suit.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes you can transfer the undivided share to the third party further for the demarcation of the property you can file a suit of partition if sold as undivided share then the purchaser can file a partition suit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

1) As the property is not divided and your share is not determined, you will not be able to transfer your rights by sale or any other manner. Therefore you should try to get the property divided.

2) You may tell your family that you will take recourse to legal steps, if they are not dividing the property(if it is divisible) or buy your share from you.This shall possibly compel the rest to make a decision about your share.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

You need consent of lessor to sell your share in property

2) there must be clause in sale deed that prior consent of lessor is necessary to create third party rights in property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. is this property situated in Mumbai?

2. if yes then you will have to first obtain letters of administration from high court before you can sell your mother's estate

3. income tax on sale will be applicable

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

yes you can sell or transfer the said property but

it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can sell your share and liable to short term capital gain tax. It attracts a flat 20 percent tax.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

As per as your share is concerned you can transfer it provided there is no prohibiting clause in the original lease deed. It attracts payment of income tax.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1) Yes, if on legal papers its mentioned that the property is inherited from your mother's to on your name than you can sell you share to any one of you have done partition and the buyer is ready to buy property as the all terms and conditions of yours and possession of the property.

2) It may be taxable as per Index of ancestral property that won't came much and if you buy any real estate property than you don't have to pay any tax.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you have inherited your mother's share in the property subsequent to her death as a successor in interest or a legal heir to your mother, you have full fights to sell your share of proeprty to the prospective buyer.

The long term capital gains tax as applicable are to be paid.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can sell your share in the property, after your share has been duly demarced.

You would also need to obtain letter of Administration from Civil Court to inherit the property.

Income Tax would be applicable.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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