There is a property in the name of my father and mother. My father died before 20 years. I have one elder brother. My mother is proposing to sell the property. I would like to know about who are all required to sign the sale deed? Since my father died, do I and my brother need to sign the document for selling?
On father demise his 50 per cent share in property would devolve on your mother , you and your siblings
2) apply for mutation of father share in property in name of legal heirs
3) you and your brother can execute gift deed for your share in property
4) if no gift deed is executed you and your siblings have to sign sale deed
Since your father died intestate on his death his half share in the property devolves upon his legal heirs which include his widow and his two sons.
Therefore you are your brother having 1/6th share each at the time of sale two of you require to sign along with your mother.
All legal heirs need to sign it. Mother and children.
The share of your deceased father shall devolve equally on all his legal heirs consisting of his wif and children.
Hence all of have to execute the registered sale deed jointly in favor of the prospective buyer.
If there was a will it will work as per the will. Otherwise it will be equally distributed and all need to be a party to sale deed
Yes you both need to give noc for sale
It seems your father has died intestate. In such case you, your brother and your mother are legal heirs of your father. however, as you are Hindu, the succession shall follow the chronology mentioned in Class I of the Schedule and therefore your mother is the owner of the property and she is only required to sign in the sale deed.
Your sale deed must constitute a clause where it mentions that the terms of sale deed are abide by successors, puisne legal heirs, assigns, and attorneys of your mother after the demise of your father.
- Since the said property is in the joint name of your father and mother , then both having equal right over the said property legally.
- Further after the death of your father intestate , his 50% share would be devolved upon all the legal heirs , i.e. your mother , your brother and you equally in the ration of 1/3.
- Hence, without getting a Relinquishment deed from you & brother , your mother cannot sell the entire property .
- Otherwise, you both have to sign the sale deed .
Dear sir/ma'am,
Yes. As of now the property is undivided and all three of you hold a share in it. Therefore, both you and brother are required to sign the sale deed. If anyone of you is staying far away, you can execute a Power of Attorney in favour of your mother to sign on your behalf.
In case your father has left a will, the property will be distributed among the legal heirs in accordance with the Will. if he died intestate then 50% share devolve on mother son daughter.
for selling said property Consent from brother required.
Yes you both are legal heirs of father
Mother alone cannot deal with entire property
All the legal heirs of your father being your mother and all his children shall have to sign the sale deed
Dear Sir/Madam,
After death of the father, his share will go to his legal heirs and and then you an your brother are also required to sign the sale deed.
