• Inheritance property

We are 3 sisters and 2 brothers. All sisters are married. Both the brothers are staying in Mumbai. My mother  died in 1992 and my father died without any will in 2000. After my father's death my elder brother & his was staying in the same property where my father was staying i.e in Santacruz. My self and my wife is staying in Kandivali. Six month back my brother's wife died and now I lost my brother also in March 14 They don't have any children.Now I am and my 3 sisters are the only legal heirs of this Santacruz property. Now with everybody's mutual decision we have decided to sell this property. This property is on " PAGHADI SYSTEM" Now I have the following question.
1) How much money my landlord will take it?
2) Can I sell property directy to the Party without transferring in my name?
3) What are the documents needed to transfer in my name?
4) What documents we need to give it to Lanlord?. 
5) What documents I should take it from my 3 sisters?
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1) 33%will be taken by the landlord 

2) better get property transferred in name of legal heirs before sale 

3) death certificate of elder brother  and his wife

4) letter from all sisters giving NOC for transfer of rent receipt in your name .
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
When you are not the owner of the property, how can you sell it?  First transfer it in the name of all legal heirs then only you all can sell it. Apply for succession certificate in court through your lawyer producing death certificate of parents as well as brother & sister in law. Contact a lawyer.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. 1/3rd of the amount will be taken by landlord. 

2. Your father died without making a will. Get the property transferred to the respective legal heirs and then sell it. 

3. Death certificate of your father, birth and death certificates of your brother and his wife and birth certificates of all surviving legal heirs to your father. 

4. NOC from all legal heirs for transferring rent receipt in the name of one of the legal heirs.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. You are an occupier under Pagdhi system paying very nominal rent. You are not the title holder of the property but as per the present practice , you can transfer your right of occupation under the said system for which you shall have to pay 33% of the Pagdhi you are going to receive,

2. It will be trudent to record your name as the occupier first,

3. Death certificates of your father, brother & sister in law,

4. NOC from all surviving legal heirs.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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