Legal Question in Real Estate Law in India

Dear Sir,
My mother made a registered WILL in her 2 son's names for her 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 & sick. 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 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 3/19/12, 8:45 am

2 Answers from Attorneys

Naresh Bandi Amicus Law Solutions, [email protected],cell: 09391039398

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Dear Client,

In your case if the said prospecsdvie buying is ready to buy the said falt by mentioning your both sons name & signature go head but in the proposed "Sale Deed recitals" you please mention the vature of property how you both succeeded the falt/said Property i.e on the basis of Will and your father's gift deed, Disclosing the facts are good at stage of Sale Deed execution in the sale Deed.

All the best

Answered on 3/24/12, 6:21 am

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