Property Property

3 years ago

I want to sell my deceased father property but problem is that my younger brother died in 2001 and his also has son who lived with his mother after her second marriage since 2002.And he not legally adopted but in his merit certificate their has his step father name. So, tell me he has right in his deceased father share property? If there then, I can sell without her knowledge without knowing to court while selling(property in Delhi).

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Yes, he is still the legal heir of your brother. Thus, you need his consent before selling the property to anybody else. Thank You
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Anik

Responded 3 years ago

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A.Hi,
Certificate of Merit does not prove anything. It's not a legal document and hence, it's not valid in the eyes of law. Since there's no legal adoption in your case, the child will still be considered as the legal heir of your brother and hence has a share in the property. Before selling the property, permission needs to be taken from the legal heir too.
Thank You
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