I live in India. I co-own a property with my father. He died 6 months back. Can i sell the property? ?



The loan to the property is on my name and i am paying the EMIs. Will i need to share the property proceeds with other legal heirs of my father. If yes, can i settle their share once the agreement is reached with them. However can i sell the property before that??

I live in India. I co-own a property with my father. He died 6 months back. Can i sell the property? ?
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3 Replies to “I live in India. I co-own a property with my father. He died 6 months back. Can i sell the property? ?”

  1. if the loan is in your name and you only pay the EMIs you have more share over the property.

    on the date of purchase of property you and your father would have shared the margin money. i.e the difference between the purchase price and the loan amount.

    now your stake over the property is the loan amount plus your share on margin money. your father’s stake is his share of margin money at the time of purchase.

    now your right is your stake plus equal proportion of your father’s stake as a one of the legal heir.

    so you can very well sell and settle your other leagl heirs share.

    if the person with whom you are going to make agreement for sale, insist on the signature of other legal heirs you have to honour the same.


  2. You can sell this property. The purchaser of this loaned property will go through each of the documents of your property and will ask for latest property
    card and from the relative property documents will get information
    about other co-owners. If the original property is in joint names.
    all the joint holders must give consent to sell the property.
    You can include those consenting members in your final sell
    deed of your property and then only you will be able to sell the property and liquidate your loan account in consultation with
    the bank.


  3. .At the outset please note that the purchaser would insist on clear title.
    Since your Dad is not alive his share in the property will be divided equally between the other heirs unless he has has his will.If no will you are also a share holder in his property in addition to the co ownership,If the will is made the share owned by him can be claimed by that heir or those heirs.but this is also not easy.one has to obtain a
    probate,even the person who could claim the ownership as mentioned
    in the will has to obtain no objection declaration from the remaining heirs through petition filed in the HIGH COURT or the appropriate auth
    ority.After obtaining the probate the names of the legal heirs are to appear on the property card/7/12. then only you can sell ur share
    that too with everybody signs the conscents The entire process is time
    consuming is tentionable.but has to be done.





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