Sale of father's immovable property after his death
5 years ago
Information;
A plot of 1600 odd sq. yards with a small house in it in Burugupudi, Rajahmundry Tq, EG Dist., Andhra Pradesh. This property was earned by my father during his lifetime.
We are;
4 Brothers out of which 1 is missing for more than 15 years (no whereabouts). One from first wife and three from second wife of my father. &
1 Sister from first wife
Father made a will only in favor of 4 sons. This property is undivided till date. I understand as per 2005 amendment to Indian succession act girl child also equally eligible for father’s own property.
After my father’s death, in 2007 Court issued succession certificate (after news paper advertisement related to missing 4th son) for Post office balances of father in favor of;
Eldest Son: TULASI VEERA VENKATA SURYANARAYANA MURTHY
Second Son: TULASI VENKATA SURYA SUBBA RAO
Third Son: T V L NARASIMHA RAO
Daughter: D V V BRAMARAMBA (Sister)
Now questions in respect of Immovable Property;
1) Regarding Missing Son: In 2007 the court gave news paper advertisement and issued judgment in favor of above four members for post office savings of my father. Is that judgment valid for immovable property as a succession certificate?
2) Is daughter eligible for her share in undivided immovable property even though father had not mentioned about her in will and given property rights to only 4 sons?
3) As of now what is the legal process to follow to sell the immovable property and divide the proceeds between four of us?
Follow-up question;
Second Son TULASI VENKATA SURYA SUBBA RAO died in 2015 survived by his wife, daughter & son. Children are adults now and daughter got married. Do his children also need to sign along with his wife while selling this immovable property to take his share?
My answers are as follows:
1) Regarding Missing Son: In 2007 the court gave news paper advertisement and issued judgment in favor of above four members for post office savings of my father. Is that judgment valid for immovable property as a succession certificate?
Ans: It is valid as it is succession certificate unless set aside by higher court.
2) Is daughter eligible for her share in undivided immovable property even though father had not mentioned about her in will and given property rights to only 4 sons?
Ans: As per Will she is not entitled as it was your fathers self acquired property.
3) As of now what is the legal process to follow to sell the immovable property and divide the proceeds between four of us?
Ans: Jointly you can sell.
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