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Selling property of intestate holder Selling property of intestate holder

3 years ago

If title holder died intestate, can wife with marriage certificate could sell property with out signature of his sons or daughters?
Those legal heirs are not interested in those properties and far away to give relinquishment in favour of mother
Suggest best option

Anish Palkar

Responded 3 years ago

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A.) I have gone through your query in detail.
1) As your father has died intestate, i.e. Without making a “WILL” you will first have to apply to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in that city/State.
2) NOC in an Affidavit form can be given by your sisters which can be submitted in the court so that there are no more claims related to the property.
3) The court shall issue you a succession certificate within 6 months from the date of application.

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ADV. ANISH PALKAR (High Court)
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Mother is not the full owner of entire property, her sale deed can be challenged at a later point of time.
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SUNIL NAVANITLAL SHAH

Responded 3 years ago

A.Ask them to make gift deed
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