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IREF® - Indian Real Estate Forum > Real Estate Open House > Indian Property Laws > How to sell property when the owner is dead?
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Old June 21 2012, 09:56 PM   #1
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Default 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?

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Old September 13 2012, 10:52 PM   #2
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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.
 
Old September 14 2012, 12:35 PM   #3
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Old October 26 2012, 12:07 AM   #4
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Well u can take advice from the legal cell of any bank they will definitely give you the right advice.
 
Old December 12 2012, 04:36 PM   #5
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did anyone tell me that if reg is purely on the name of father then how it can be transffered to mother's name ?
 
Old December 14 2012, 06:41 PM   #6
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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.
 
Old December 17 2012, 01:42 PM   #7
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Quote:
Originally Posted by vyerth View Post
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?
 
Old December 17 2012, 07:11 PM   #8
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Quote:
Originally Posted by Smith1 View Post
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.
 
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