Legal Question in Real Estate Law 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.
3 Answers from Attorneys
no one can pass a better title than that one hold himself. the sale is void in the absence of transfer of certificates.
read more on Indian laws on my website www.karvai.in
If your parents are alive they can do the documents for buyers. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
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