Legal Question in Real Estate Law in India

sell of share in property

after the death of my father he left four children and wife behind without will.accordingly i own 1/5 of the rights in property can i sell this right to third party without the concent of sisters


Asked on 6/01/07, 9:44 pm

4 Answers from Attorneys

Re: sell of share in property

yes,if it is seperate and distinct.

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Answered on 6/01/07, 10:28 pm
Sachin Sangare Private Practise

Re: sell of share in property

Yes you can sell your interest in the property but it is advisable that you get the property of your father Probated from the court.

Than you can sell your share.

Secondly you can enter in to a Settelement Deed with all the legal heirs and acc you can sell your respective share.

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Answered on 6/02/07, 12:21 am
Prabhat Shroff Shroff & Company

Re: sell of share in property

First of all you must obtain a succession certifcate from the court, since there is no will, with regard to your share. Thereafter, you are free to sell your undivided share/interest in the property, for which you may not have to obtain any consent from others.

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Answered on 6/02/07, 3:06 am
Shrichand Nahar S.V.Nahar, Advocate

Re: sell of share in property

You need to specify your religion. Normally, undivided share in an immovable property can be sold without consent of other co-owners.

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Answered on 6/02/07, 7:54 am


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