Legal Question in Real Estate Law in California

Real Estate and Property Law in India

Hello:

My dad bought a home in Boravali, Mumbai a long time age. After his death, we found out there is no will. So all my 5 brothers and sisters signed something that said we do not object if the property goes to my mom. Can she sell this property? Or will she have to get everyones approval again. Also, can she give this property to my brother without anyones approval?

Please advise.

Huma


Asked on 1/03/09, 11:09 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Real Estate and Property Law in India

Even though colonialism is dead and the United States as well as India are free from British rule, both former colonies pretty much share the English system of law, usually referred to here as the "common law."

Under this shared system of law, I think it is very likely that your mom is legally the sole owner of this property. However, the law is cautious. It may take some additional steps to be able to sell and convey clear title.

I suggest contacting the Consulate of India in San Francisco or Los Angeles to see if they can either answer your question, or refer you to a reputable attorney in Mumbai that can assist you.

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Answered on 1/04/09, 12:50 am


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