Legal Question in Intellectual Property in India

Dear Sir,

My mother made a registered WILL in her 2 son's names for her share of 50% share in a flat. This WILL is probated in Mumbai. The other 50% share in the flat is my father's who is very old. He has given his 1 son his P.O.A. to sell his 50% share. The share certificate bears the names of father & mother. Society said that they will transfer mother's 50% share in the next Annual General meeting which is after 8 months. Both sons want to sell this property. Buyer is willing to purchase the flat which still does not bear the names of the 2 sons in Share certificate.

My question is if both sons can sign the sale deed & get sale deed registered in such a case even though their names are not on the share certificate ??

Kindly reply.

Thank you.


Asked on 6/29/12, 11:45 am

1 Answer from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Instead ask the society committee members to call an extra ordinary general meeting and get transfer mother's share in the name of both of you.

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Answered on 7/03/12, 12:00 am


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