Legal Question in Real Estate Law in India

My father passed away a couple of years back. He owns an apartment in Hyderabad. His heirs are me, my mother, and brother. Under Hindu succession act, I believe my mother, my brother and I have a claim to equal shares in the property.

As of now the title is still in our Father's name. I am trying to determine if under Indian law, we automatically are considered part-owners of the property, or do we need to actually do some kind of paperwork or title transfer before we can be considered legal owners of the property?

For example, if I chose to sell my share of the property, can I do so while the title is still in my father's name, or will I first need to put a legal claim on the property, get some kind of title deed or court order and only then will I be considered its part-owner?


Asked on 6/22/16, 4:39 am

1 Answer from Attorneys

1) Make a registered partition deed among all legal heirs.

2) Based on it u can mutate ur share on revenue records.

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Answered on 6/22/16, 8:56 am


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