How to sell a flat in Kolkata
2 years ago
My father expired recently and my mother wants to sell off the flat in Kolkata, West Bengal as she is the co-owner. My and brother and I are ok with it. What is the right process to do this so that no legal issues occur. As children do we need to give any consent or need to sign in any legal document so that there are no issues? Please advise.
A.Dear Client,
Your father's property was descended upon your mother, you, and your brother, each having an undivided one-third part after his death without making and publishing a Will. In order to change three of your names in the Record of Rights in the place and stead of your deceased father, you'll need a Legal Heir Certificate. You and your brother can legally assist your mother in the Sale procedure by using a registered Gift Deed or a registered Power of Attorney in her name.
Thank you!
Your father's property was descended upon your mother, you, and your brother, each having an undivided one-third part after his death without making and publishing a Will. In order to change three of your names in the Record of Rights in the place and stead of your deceased father, you'll need a Legal Heir Certificate. You and your brother can legally assist your mother in the Sale procedure by using a registered Gift Deed or a registered Power of Attorney in her name.
Thank you!
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A.If your mother is the coowner then she does not have full rights to the property and has only a partial right. Half of the property, due to demise of your father, belongs to all three of you and accordingly you will have to make arrangements to sell the property.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After your father's death without making and publishing any Will,his property has been devolved upon your mother,you and your brother therein,each having undivided one-third share therein. It is necessary to have Legal Heir Certificate in that regard for mutating three of your names in the Record of Rights in the place and stead of your deceased father. You and your brother either through registered Gift Deed or through registered Power of Attorney in favour of your mother can legally help your Sale process.
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