How to sell property when the owner is dead? - Indian Real Estate Forum

mohanpruthi · 21-06-12

I urgently need advice on how to sell a property when the owner is dead now?

Person A had a house in his name. He had 2 daughters and 4 sons and a wife. Now all 7 persons want to sell the property and sharing decided on mutual consent basis. Now the question how to sell.

Sons says that make a NOC in the name of mother get the house registered in mothers name. Mother will sell the house and distribute the money

Daughters says no need of NOC to mother. just find the buyer & all will transfer the property directly in buyer's name after getting their share of money. Sons give excuse if at the time of registry any one steps back they have to give back double of bayana to buyer which will be huge money.

So what should be the appropriate way?

vyerth · 13-09-12

It will be difficult for the buyer to get into this property if one goes with what daughters are saying. it would be much simpler for the buyer and the seller too, if one goes with sons prosal. Daughters probably want to keep safe on their interests but slightly complicated, not that it's not possible.

sharadmathur · 14-09-12

+1

looking4loan · 26-10-12

Well u can take advice from the legal cell of any bank they will definitely give you the right advice.

sunnychawla · 20-11-12

Its better to get the Noc in favour of mother and transfer in her favour first. has the person got any will registered ??

dpkmjn2012 · 12-12-12

did anyone tell me that if reg is purely on the name of father then how it can be transffered to mother's name ?

ver_amit · 14-12-12

you all may give power of attorney in name of one (or mother) and specify the purpose and get it registered. With POA that person should enter in contract to sell.

Smith1 · 17-12-12

Quote:

Originally Posted by vyerth

It will be difficult for the buyer to get into this property if one goes with what daughters are saying. it would be much simpler for the buyer and the seller too, if one goes with sons prosal. Daughters probably want to keep safe on their interests but slightly complicated, not that it's not possible.

Can you elaborate a little more about the cause and effects?

Sahil Khan · 17-12-12

Quote:

Originally Posted by Smith1

Can you elaborate a little more about the cause and effects?

ok here is the solution to your query.......first and foremost get the mutation done for this property....once the legal heirs are registered in the registrar office. Go for power of attorney from every party in any one person's name who you think is reliable. That person can do the registry in buyers name on everybody's behalf. This is the easiest way in this kind of a situation.

21-06-12	#1
mohanpruthi Senior Member Join Date: Apr 2011 Posts: 788 Likes Received: 144 Likes Given: 115 My Mood:	How to sell property when the owner is dead? I urgently need advice on how to sell a property when the owner is dead now? Person A had a house in his name. He had 2 daughters and 4 sons and a wife. Now all 7 persons want to sell the property and sharing decided on mutual consent basis. Now the question how to sell. Sons says that make a NOC in the name of mother get the house registered in mothers name. Mother will sell the house and distribute the money Daughters says no need of NOC to mother. just find the buyer & all will transfer the property directly in buyer's name after getting their share of money. Sons give excuse if at the time of registry any one steps back they have to give back double of bayana to buyer which will be huge money. So what should be the appropriate way? sood sonia likes this.

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13-09-12	#2
vyerth Member Join Date: Jul 2009 Posts: 67 Likes Received: 2 Likes Given: 0	It will be difficult for the buyer to get into this property if one goes with what daughters are saying. it would be much simpler for the buyer and the seller too, if one goes with sons prosal. Daughters probably want to keep safe on their interests but slightly complicated, not that it's not possible.

14-09-12	#3
sharadmathur Member Join Date: Jun 2012 Posts: 228 Likes Received: 46 Likes Given: 20 My Mood:	+1

26-10-12	#4
looking4loan New Member Join Date: Oct 2012 Posts: 13 Likes Received: 0 Likes Given: 0	Well u can take advice from the legal cell of any bank they will definitely give you the right advice.

20-11-12	#5
sunnychawla New Member Join Date: Oct 2012 Posts: 5 Likes Received: 0 Likes Given: 1	Its better to get the Noc in favour of mother and transfer in her favour first. has the person got any will registered ??

12-12-12	#6
dpkmjn2012 Member Join Date: Dec 2011 Location: Delhi Posts: 413 Likes Received: 72 Likes Given: 84 My Mood:	did anyone tell me that if reg is purely on the name of father then how it can be transffered to mother's name ?

14-12-12	#7
ver_amit Member Join Date: Dec 2010 Posts: 374 Likes Received: 70 Likes Given: 25 My Mood:	you all may give power of attorney in name of one (or mother) and specify the purpose and get it registered. With POA that person should enter in contract to sell.