• Sell inherited flat

My parents got divorced in the 90's.My father remarried in 1999 and my mother remarried in 2016. She died in estate in 2017. The few belongings that she had we divided amicably between my brother, sister my mother's second husband and myself. She owned a flat that was being occupied by my bother. He passed away in 2018.
Now I want to sell the flat. What documents would I need? 
The flat is in Goa. I live in Germany. My sister lives in New Zealand. My mother's second husband lives in Goa. According to the buyers lawyer my husband is also entitled to a share of the property. My sister is unmarried. How do I go about seliing the flat? 
I would also like to know if a lawyer can make applications for Legal Heirship etc on my behalf. 
Also, none of the other parties are interested in a share of the property. 


n 2016.
Asked 6 months ago in Property Law from Germany
Religion: Christian

Apply for letters of administration as mother dues intestate 

 

2) other legal heirs can execute consent affidavit relinquishing their share in flat 

 

3) LA takes 6 months 

 

4)  then apply for transfer of flat in your name in society records 

 

5) you can then sell flat 

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Your step father would not have any share in the property. The property would be divided between you and your siblings in equal proportion.

Your siblings would have to execute a relinquishment deed or gift deed in your favour to make the sole owner of the property. the said deed needs to be mandatorily registered after payment of requisite stamp duty in the preaence of two witnesses at Sub Registrar office.

Alternatively, your siblings can execute POA in your favour to sell the property on their behalf. This would also mandate compulsory registration.

In case of your deceased brother, his legal heirs would have to give you power of attorney or relinquishment deed to do the sale.

Siddharth Jain
Advocate, New Delhi
5442 Answers
61 Consultations

5.0 on 5.0

Yes lawyer can make application on your behalf. You can proceed as stated above

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

1. It is not right by which means you have divided the properties of your mother among yourselves.

2. In any event if it is done by way of a registered deed pf partition then all of you can sell your respective shares at your will.

3. Otherwise all or any of you can give a POA to another which is resident in India so he on behalf of another or all can sell  this property and then give your respective shares in money.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

Had your brother married ? Does he have any legal heirs to succeed his property? If both the questions answer are NO, then you and your sister being full blood legal heirs of your brother can get the property as his legal heirs. When the share of your mother already partitioned and allotted  to your brother , your mother’s second husband  doesn’t claim any share on your brother’s property.

Thus, if your sister give consent affidavit on you favour to sell the property, you can sell the property after obtaining the legal heirship certificate.

Selva Perumal
Advocate, Chennai
311 Answers
34 Consultations

4.9 on 5.0

1. The non-interested parties can Execute properly drafted "Release Deed" with strategic clauses mentioning the circumstances and perpetually release their rights /claims /stake in your favor,without any monetary considerations.
Release Deed will attract Stamp Duty of 500/- and Registration fees of 1000/-

2. Non-Available persons can execute a Registered "power of attorney (POA)" for the relevant purposes, in your favor, duly stamped, signed and endorsed by the respective countries embassy /consulate and courier it to you, based on which you yourself can execute the Release Deed and transfer the property to you, for ALL futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

3. AFTER above process, there is no legal need for ANY type of documentations, including Legal Heir Certificate, Succession Certification etc....

Hemant Agarwal
Advocate, Mumbai
4307 Answers
23 Consultations

5.0 on 5.0

Ans:- if your brother was married, then you shall be required to obtain an affidavit from them for No objection in selling the flat.

Since, you are the Class-I heir of the owner (your mother) of the flat, you will have to obtain heirship certificate and then you can proceed to sell the flat. 

 

Garima Anil Mehrotra
Advocate, Mumbai
366 Answers
1 Consultation

4.9 on 5.0

1. You will need legal heir certificate of your brother and your mother legal heirs certificate.

2. Your husband is not legal heir of your mother or brother so he cannot claim any share or you don't need his consent for selling the property.

3. You need consent from second husband of your mother,  your sister and legal heirs of your brother(his wife and children) 

4. You can take POA for parties who are not interested in share of flat for selling the flat. 

 

Mohit Kapoor
Advocate, Rohtak
7885 Answers
2 Consultations

5.0 on 5.0

See of other parties are not interested they have to gift there share to.you vide registered gift deed.

Further you all can obtain a legal heir certificate through a local lawyer and apply for mutation of the property. In case the mutation is done your sister and step father give a power of attorney to.sale and collect consideration if you directly want to sale it or they can gift you there share.

 

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

The property can be sold but first file a declaratory suit in the Goa district court. All the heirs to the flat shall be decided by the court. After that sell the property and share the proceeds.

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

Was brother married if not than only brother and sisters have share 

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

The property left behind by your deceased mother shall devolve on her own legal heirs or successors in interest. 

Your husband is not a legal heir to your deceased mother however your step father is one among the successors of your deceased mother. 

You cannot sell the flat by yourself,  however you can obtain a Registered POA deed from other cosharers to sell the property on their behalf too 

You may consult a local lawyer and proceed on the suggestions made on all such further issues. 

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Do we can provide you a lawyer there in Goa however its looks very improbable that thaty will get any right in the property because your mother had remarried and she has a heir there.


However you can try to file a case if you want. 

Gopender
Advocate, New Delhi
168 Answers

4.9 on 5.0

apply for LHC  of brother n mother. 

legal heirs can execute relinquishment deed or gift deed. 

second husband and your all sibling has equal share, all legal heirs consent required to sell the property. 

if all legal heirs give a consent affidavit you can sell the said property. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

See for purpose you need to engage lawyer locally.

 

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

thanks for your appreciation 

 

you can check on this website for lawyers in Goa

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

That may be so due to the Portuguese law applicable there.

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

A married person cannot sell the property without the consent of his/her spouse this is related to self acquired property during marriage and not inherited. Husband has no say.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

Yes. In Goa there is a provision called communion of assets where husband would also inherit the property. 

You can hire any lawyer from this website or can assign this job to any outstation lawyer who can travel there and do the work on your behalf.

Siddharth Jain
Advocate, New Delhi
5442 Answers
61 Consultations

5.0 on 5.0

1. Try to visit the local Civil Court and inquire for lawyers who specialize in "Property matters".  Other lawyers who have little /no experience would be of no use, unlike "property lawyers".

Hemant Agarwal
Advocate, Mumbai
4307 Answers
23 Consultations

5.0 on 5.0

I had told that the husband of your mother is a heir and this is applicable all over India. Anyway I will give you the contact details of lawyer in North Goa. Pls reply with the exact court details. 

Regards Gopender

Gopender
Advocate, New Delhi
168 Answers

4.9 on 5.0

You may have to look for a lawyer yoursel alternately you can consult a lawyer from this forum too who will be ready and willing to undertake your case.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

there are number of lawyers in this website from GOA having good ratings you can contact any one. 

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

You can hire any lawyer from Maharashtra and goa territory

 

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

Dear Madam,

Share of brother in deceased brother’s property

Indian Succession Act and share of brother in deceased brother’s property

Consanguinity is the quality of being descended from the same ancestor as another person. Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line; or between a man and his son, grandson, great-grandson and so downwards in the descending line.

Simply put the relationship between direct line, parents, child, and grandparent.

Situations where brother acquires deceased brother’s property

  1. If the deceased father is dead, but the mother is alive and there are also brothers or sisters of the deceased living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister will succeed to the property in equal shares.

  • A dies intestate, survived by his mother and two brothers of the full blood, B and C and a sister D, who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth and D, the sister of half blood, takes one-fourth.

2. If the deceased father is dead but the mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate’s lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, will be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the deceased death.

  • A deceased, leaves his mother, his brothers B and C, and also one child of a deceased sister, D, and two children of E, a deceased brother of the half-blood who was the son of his father but not of his mother. The mother takes one-fifth, B and C each take one-fifth, the child of D takes one-fifth, and the two children of E divides the remaining one-fifth equally between them.

3. Where the deceased has left neither lineal descendant, nor father, nor mother, the property will be divided equally between his brothers and sisters and the child or children of such of them as may have died before him.

 

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

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