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My mother deceased recently. Father has expired long ago. My mother has left behind property worth Rs.60.00 lakhs.  It is herself acquired property. She has not made any will. We are four brothers and two sisters in all.  One of the brother and sister died subsequent to the death of the mother.  The deceased brother and sister have one son each. Since all are settled independently, we want to sell the property.  Please guide us who should join the execution of the sale deed?

- by Radha, Bangalore

Your father had predeceased your mother.  One sister and one brother have died subsequent to your mother.  All the children of your mother, four sons and two daughters have equal share in the property of your mother.  Each is entitled to 1/6th of the share.  Since one brother and one sister have also expired, their share will pass on to their legal heirs.
All the legal heirs, the surviving three brothers, one sister, legal heirs of deceased brother and sister should join in the execution and admission of sale deed.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am lucky that I got an allotment of site in Anjanapura Layout. The BDA has executed the sale deed in my favour on payment of full amount; the sale deed is in my possession. I have possession certificate and Katha issued by BDA in my favour. I am paying the property tax regularly; I have not fenced the site, as BDA has installed board indicating the site numbers. I was away from the country for the last six months and returned recently. During my recent visit to site, I was surprised, as I could not locate my site. It has been encroached by my neighbour who has constructed a compound. The board indicating the site numbers is removed. Please advise me how to get my site as BDA expressed helplessness.

Q:- My friend had purchased a house in Gadag.  It has only ground floor. He has permitted me to construct another floor (1st floor) and to use it for my residence or let out.  He assures me that I would be the Owner of that floor and is willing to execute any documents in this regard.  Please suggest the proper documents to be obtained.

Q:- I have purchased a site from my friend. My friend got the site by allotment of BDA and has paid the full value to the BDA, which has executed a conditional sale deed.  The sale deed has put a condition that the transferee should not sell the site for a period of 10 years from 1986 that is up to 1996, whereas I purchased it in 1994.  I have paid full price and the sale deed is registered in my name.  Please advise whether the condition put by BDA would trouble me.

Q:- My cousin is a minor and owns certain immovable properties in Mysore. He would be completing 18 years of age on 12th March 2005.  It is learnt that his natural guardian is negotiating to lease out his properties for 15 years. Please advise me whether he can lease the property for 15 years.

Q:- I have constructed a residential complex which I would like to let out. My son suggests having leave and license agreement, instead of lease or rental agreement.  Please inform what is the difference between rental agreement with leave & license agreement?