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Author Topic: Need advice in selling a property  (Read 442 times)

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Offline user123

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Need advice in selling a property
« on: October 06, 2016, 05:34:59 AM »
Hi,
I am from Pune and my grandfather had bought a government leased land(Land which is given to Defense personnel on 99 years terms) in kolhapur. After his death, my grandmother became owner of the property. Now my grandmother is no more and she had prepared registered will according to which the house is given to my uncle, and the open plot attached to house is divided among my father and my aunt equally. I have below queries.
1. Can we sell the residential plot which is given to my father, if yes are signatures of my uncle and aunt necessary to sell this land. If my uncle is not ready to sign , can we sell that property?
2. We want to go to Municipal office so that every individual get property tax under his/her name. To do that, is my uncles' signature required?
3. In case if it is not possible to sell land, can we give it on rent? What documents are necessary to give it on rent.

Any help in answering above questions will be much appreciated. Looking forward to hear from you.
Thanks in advance.

Offline advarjun

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Re: Need advice in selling a property
« Reply #1 on: October 07, 2016, 10:08:26 PM »
Your father can sell that party of the property which has been willed in his name.

Now to do that first of all  that part of the property has to be registered in his name.

You have to probate the will after that everything will follow. visit district court for probate
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Offline user123

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Re: Need advice in selling a property
« Reply #2 on: October 11, 2016, 10:55:00 PM »
Thanks Arjun for you response. Could you please let me know if registered will or probating the will is same as the will is already registered. And we have visited city survey office and my father's name is added in property card.Can we sell land on the basis of property card?

Thanks.

Offline adv.amarnath

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Re: Need advice in selling a property
« Reply #3 on: October 12, 2016, 11:57:11 AM »
1. Can we sell the residential plot which is given to my father, if yes are signatures of my uncle and aunt necessary to sell this land. If my uncle is not ready to sign , can we sell that property?
Ans: First Probate is necessary from court then you can proceed for sell. Again, your father is not sole owner . he is co-owner along with his sister so, property cannot be sell out as a sole owner. Sister should be made party in the deed as Confirming party.

2. We want to go to Municipal office so that every individual get property tax under his/her name. To do that, is my uncles' signature required?
Ans: As said above, probate is necessary. Then Partition between your father and sister should takes place.

3. In case if it is not possible to sell land, can we give it on rent? What documents are necessary to give it on rent.
Ans: Even for rent, your father is required to take permission from aunt or go for partition after getting probate.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

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Re: Need advice in selling a property
« Reply #4 on: October 18, 2016, 02:20:46 AM »
Thanks Amarnath for your response. Can you please confirm if my uncle's signature is also required to sell the plot. My aunt is ready to sell the plot along with us. But since the house is attached to the plot, is my uncle's signature compulsary?

 

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