Wednesday, January 13, 2010

Is It compulsory to take prior approval from married sister before selling the property?

If property is on the name of Father and Father has not written any will, and after death of father ,if son wants to sell the property then is it compulsary to take prior permission from married daughter.If married daughter wants to claim in the property of parents ,can she do?Is It compulsory to take prior approval from married sister before selling the property?
Dear Riya,





Death of a property owner does not create a foot race among survivors to see who can first claim or sell the property.





Traditionally and normally, property requires the blessings of a Court to allow transfer. Although no will exists, you likely need file in a Probate Court a petition to transfer title. This transfer process requires notice to all who have claims or entitled to make claim of some interest in the title. Property transferred after the death of an owner without a will is called intestate succession. Married daughters and sons usually acquire equivalent shares of the property and are responsible for sharing in the property ownership including its disposal.





If the parties are equally knowledgeable and competent, much can be done using a single attorney or working without an attorney. If the two (or more) attorneys will be needed all around to protect the property value from being fully divided without the legal profession getting a substantial cut. Many estate values go to the parties attorneys which is one reason Will's are recommended. Good Luck.Is It compulsory to take prior approval from married sister before selling the property?
The property will probably need to got through probate procedures.





I have a friend who recently was in the same situation and they needed to sell the house quickly. He went to http://www.mustsellasis.com and he got cash for the property before the probate was completed.





Sorry about your loss and good luck to you.
If there is no will, all the children of the deceased will have an equal claim to his assets. Irrespective of whether they live in the property or are married. It makes no difference.





You will almost certainly need legal assistance with probate if there is property involved.
Married sisters are not the inheritors and have no legal ownership rights and hence their approval is legally not required.
If father died intestate, son does not have a clear title to property. All the surviving heirs (wife, sons %26amp; daughters) have to apply to the court for a succession certificate. Each heir will get equal share as per The Hindu Succession Act 1956.


As the son does not have a clear title to property, he cannot sell it. The question of taking permission does not arise. Please read the act on the net.
Yes

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