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Land ownership
10 months ago
We have a land in our village of area 2.5 Kattha which is under my mom's name...she passed away not the property belongs to me...now my uncle wants to purchase the land from us...the current ongoing price is 6 to 8 lakhs per kattha...what would be the procedure to sell the property....
A.Dear client,
Obtain necessary documents: Gather all the necessary documents related to the property, such as the original land deed, your mother's death certificate, and any other relevant legal documents.
Consult with a lawyer: It's advisable to consult with a lawyer who specializes in real estate law. They can guide you through the legal process, review the documents, and provide specific advice based on the laws of your jurisdiction.
Determine the property value: Conduct a valuation of the property to determine its current market value. You mentioned that the ongoing price in your area is 6 to 8 lakhs per kattha, so this can serve as a reference point. However, it's recommended to engage a professional appraiser or real estate agent to assess the value accurately.
Negotiate terms with your uncle: Communicate with your uncle and negotiate the terms of the sale, including the purchase price, payment terms, and any other conditions. It's crucial to have a clear agreement to avoid any misunderstandings or disputes later on.
Draft a sale agreement: Once the terms are agreed upon, your lawyer can help you draft a sale agreement. This agreement will outline the terms of the sale, the purchase price, and any other relevant details. Ensure that both parties review and understand the agreement before signing it.
Transfer of ownership: To transfer the property's ownership to your uncle, you will need to execute a transfer deed or conveyance deed. Your lawyer can assist you with preparing this document and guide you through the registration process.
Registration and payment of taxes: The sale deed or conveyance deed must be registered with the appropriate government authority. Pay any applicable taxes, such as stamp duty and registration fees, as required by the local laws.
Obtain necessary documents: Gather all the necessary documents related to the property, such as the original land deed, your mother's death certificate, and any other relevant legal documents.
Consult with a lawyer: It's advisable to consult with a lawyer who specializes in real estate law. They can guide you through the legal process, review the documents, and provide specific advice based on the laws of your jurisdiction.
Determine the property value: Conduct a valuation of the property to determine its current market value. You mentioned that the ongoing price in your area is 6 to 8 lakhs per kattha, so this can serve as a reference point. However, it's recommended to engage a professional appraiser or real estate agent to assess the value accurately.
Negotiate terms with your uncle: Communicate with your uncle and negotiate the terms of the sale, including the purchase price, payment terms, and any other conditions. It's crucial to have a clear agreement to avoid any misunderstandings or disputes later on.
Draft a sale agreement: Once the terms are agreed upon, your lawyer can help you draft a sale agreement. This agreement will outline the terms of the sale, the purchase price, and any other relevant details. Ensure that both parties review and understand the agreement before signing it.
Transfer of ownership: To transfer the property's ownership to your uncle, you will need to execute a transfer deed or conveyance deed. Your lawyer can assist you with preparing this document and guide you through the registration process.
Registration and payment of taxes: The sale deed or conveyance deed must be registered with the appropriate government authority. Pay any applicable taxes, such as stamp duty and registration fees, as required by the local laws.
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A.Dear Client,
From the query, it is not clear whether the property of the mother is an ancestral property or self-acquired property. However, both in the case of ancestral property or self-acquired property when the property owner passes away leaving the property intestate that is shared by all the surviving legal heirs in equal share and in the absence of partition of the property and absence of consent from all the coparceners or co-heirs, the property cannot be transferred to anybody. So, a suit for partition of the property before a Civil Court having jurisdiction over the property may resolve the matter as desired by you. Reach out to an Advocate for guidance and steps. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers.
From the query, it is not clear whether the property of the mother is an ancestral property or self-acquired property. However, both in the case of ancestral property or self-acquired property when the property owner passes away leaving the property intestate that is shared by all the surviving legal heirs in equal share and in the absence of partition of the property and absence of consent from all the coparceners or co-heirs, the property cannot be transferred to anybody. So, a suit for partition of the property before a Civil Court having jurisdiction over the property may resolve the matter as desired by you. Reach out to an Advocate for guidance and steps. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers.
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