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I want to sell a flat that belonged to my father. He has passed away, and I am not sure whether my mother is the sole nominee for the property or not. My sister lives abroad. Do we need my sister’s approval or signature to sell the property? If yes, what documents should we get signed from her so that we can proceed with the sale without her being physically present? The property is located in West Bengal, India.
If the flat was in your father’s name and he died without a will, the property will legally pass to all legal heirs (usually mother, son, and daughter) under the Hindu Succession Act, 1956. In that case, your sister’s consent is required to sell the property. She can give a Power of Attorney or sign a Relinquishment/Release Deed in your mother’s or your favor. If she lives abroad, she can sign the documents before the Indian Embassy/Consulate, and the documents must then be adjudicated or registered in India before the sale. For further legal assistance contact us on our helpline number.