Legal Question in Real Estate Law in India

My grandfather passed away without writing a will. He allowed one of his son (My uncle) to construct a house in the first floor of the property (grandparents resided in ground floor). He also gifted 500sqft. of the groundfloor land to him. My uncle wants to sell the firstfloor house now. Is it legally possible for my uncle to sell only his house(first floor) without any consent from his sibblings??

ps- grandfather passed away 3 yrs back.


Asked on 5/18/14, 8:36 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

19.04.2014

Dear Sir / Madam,

Yes, if the title of the first floor house is in the name of your Uncle, he is entitled to sell it without the consent of the others. If the title does not vest with your Uncle, if your grandfather has left behind his Will, you will have to Probate the Will to transfer the title of the house in the name of the beneficiary named in the Will; and if your grandfather has passed away "intestate" (without a Will), the property vests in the name of your grandmother.

Regards,

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Answered on 5/18/14, 11:09 pm


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