• Selling my father's house

Me and my family staying in father's house. My father passed away in July. My brother & sister want to sell my father's house. Can they do that without my signature?
Asked 4 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
did your father leave any will ? 
if he left a will then your brother and sister will have to apply for probate . if no will was left by deceased then legal heirs will need succession certificate from bombay high court .

 house cannot be sold without your consent
Ajay Sethi
Advocate, Mumbai
41642 Answers
2391 Consultations

5.0 on 5.0

Legal position is as told above.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.3 on 5.0

you have not specified whether the property is your father's self acquried property or ancestral property. 
if it is your father's self acquired property, then make sure that he has not executed any will or other document in favour of your brother or sister. or else they cannot sell your share of the property. in other words, your brother and sister cannot sell the property in your absence.
Ananth Kumar
Advocate, Bangalore
122 Answers
61 Consultations

4.6 on 5.0

your brother & sister can sell property without your consent
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

3.9 on 5.0

they can not sell.not word is left by mistake in earliar answer
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

3.9 on 5.0

Has any will or Power of Attorney been executed by your father in favour of either your mother or sister? If the will has been made then it will have to be probated. If no such will or PoA has been made by him then they cannot sell it without obtaining a succession certificate from the court.
Ashish Davessar
Advocate, Jaipur
22896 Answers
620 Consultations

5.0 on 5.0

Dear Querist
If there is no Will of your father you are the sharer of this property and nobody can sell your share without your consent. file a suit for partition before Civil Court along with injunction under Order 39 Rule 1& 2 of CPC.
Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
4645 Answers
211 Consultations

4.9 on 5.0

 If your father died intestate , your siblings need your signature -NOC- to sell the property. In case of any WILL, it has to be proved and has to be obtained a probate order . It is advisable to  make an objection in writing intimating your brother an sister , not to create any third party rights in the property/house, without your permission, it will alos reveal whether there is a WILL or a Power of attorney has been used to transfer the rights.
Thresiamma G. Mathew
Advocate, Mumbai
1508 Answers
132 Consultations

5.0 on 5.0

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