• Can we sell property together with my siblings and my mother

Hi Team,

I live in the United states for work related job.

I have a property at Azad Market, Delhi-6 is registered under the name my grandfather. 
My grandfather died in 2016.

During his lifetime, he has registered a WILL expressed his desire to bequeath the said property to his eldest son i.e. Late Sh. Praveen Gupta and his (Sh. Praveen Gupta’s) wife i.e. Smt. Rajni Gupta.
They both are my parents.

My father i.e. Sh. Praveen Gupta also died intestate (in 2019) and without nominating anyone to be the legal heir of this property.

Now I have 2 sisters with me who are also the legal heir of this property including my mother.

Now I have a buyer who wants this property

So my questions are as follows:-

1.) Can we sell the off property combinedly?
Means can all of 4 people (we 3 siblings and my mother) can be the seller of the property and sell the property? 
2.) In that case we don't need relinquishment deed. Is that correct?
3.) Will all of 4 us be required at the time of registry only? Or do we need to be required at any other time as well?
4.) What all documents will be needed to sell off the property?

Regards,
Raunak
Asked 16 days ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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11 Answers

You can sell property jointly 

 

2) you don’t need relinquishment deed 

 

3) all 4 presence is required 

 

4) mutation of property should be in your names 

 

5) you need to furnish original chain of documents to buyer 

 

6) latest receipt of payment of property taxes 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1. Yes, all the four people are the absolute owners of the property and can sell the property to any prospective buyer.

2.  If all the four legal heirs are participating in the sale of the property, there will be no need for the execution of Relinquishment Deed.

3.  Only at the time of registering the property, all the four have to be physically present. In case it's not possible for a legal heir to be physically present during registration of the property, he/she may authorise one of the family members to represent him/her by giving POA, to act on his/her behalf.

4.  The documents which are required will be Mother Deed (how your grandfather obtained property), WILL of your grandfather, his death certificate, your father's death certificate, family tree, Aadhar Cards of all the family members.

5.  You have to obtain probate of the WILL from the jurisdictional competent court. 

 

,

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

1. Since your father is reported to have died intestate, his legal heirs can sell the property jointly.

2. Not necessary.

3. All the shareholders have to be physically present before the registrar to execute the sale deed jointly.

4. The property related documents, Will, death certificate, legal heirship certificate, individuals identity proofs, tax receipts and any other related documents.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

You have to come at time of registration of sale deed 

 

you are not required to come later 

 

mutation will be done by buyer in his name 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

All the shareholders are required to be present before the registrar to execute the sale deed jointly.

There is no necessity for the sellers to be present before registrar for collecting the property documents.

 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

To avoid your frequent travel to India, authorise one of your family member, either your mother or sister to act on your behalf for signing the sale deed in favour of the prospective buyer and collecting the document, by arranging for mutation of the property in the jurisdictional Corporation/Revenue Offices, etc., by giving POA (Power of Attorney). By appointing an Attorney (your family member) through POA, you need not come to India and the job will be done, without your physical presence.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

Succession certificate is for movable debts and securities 

 

2) you can apply fir and obtain letters of administration from district court 

 

3) enclose father death certificate ,consent of other legal heirs 

 

4) court would issue LA in favour of mother 

 

5) then apply for mutation of property 

 

5) mother can as administrator sell the property 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1. In Delhi, probate of WILL is not compulsory but optional. Based on the declaration by one of the legal heirs and producing the certified copy of Family/Genealogical Tree/Legal Heirship Certificate, the Registrar comes to know the number of legal heirs. Aadhar Card/passport copies of legal heirs showing their father's name also proves the authenticity of legal heirs.

2.  It's not required to do mutation of the property in your mother's name by all other legal heirs executing a registered Reliquishment Deed in favour of your mother. It's voluntary and in that case, she can sell the property on her own.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

1. For acquiring immovable property just legal heirship certificate is enough and no necessity for succession certificate.

The names of all legal heirs are to be included in it.

It is mandatory.

2. Mutation will not make her absolute owner of the entire property, hence don't indulge in such illegal activities on any misguidance.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Dear client you can do that but for the head you have to get non objection certificate

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

1. No 

2. Mutation is not ownership certificate even after mutation you will require to take other steps for selling the house 

 

 

 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

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