Legal Question in Wills and Trusts 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 3/19/12, 11:33 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

a seller cannot pass a better title than he holds himself. you need to get the the share certificates in your name and then you can sell the flat. any sale by any other means is illegal.

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Answered on 3/19/12, 11:56 pm


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