Sale of property by legal heirs

This query is : Resolved 
 

(Querist)
18 January 2018

My father died intestate and held a vacant plot (sold by the Tamil Nadu Housing Board to the first owner, my father) in clean title under his name. I have acquired the legal heir certificate mentioning myself, my brother, my mother and grandmother as rightful heirs. I would like to know the procedure for selling this land. Is a succession certificate (if applicable in Tamil Nadu) or a settlement / release deed from other legal heirs required for me to sell the land. Will I be required to transfer the property to my name before selling the land?


Isaac Gabriel (Expert)
18 January 2018

The legal heirs can sell the property without any alienation.

Ms.Usha Kapoor (Expert)
18 January 2018

You get registered relinquishment deed from other legal heirs releasing all their right, title and interest in the property in question in your favor so that you can sell off that property.

Ms.Usha Kapoor (Expert)
18 January 2018

You get registered relinquishment deed from other legal heirs releasing all their right, title and interest in the property in question in your favor so that you can sell off that property.

R.Ramachandran (Expert)
18 January 2018

Dear Ramakoti,
1. For selling the land in question, it is enough if all the legal heirs sign on the Sale Deed.
2. If all legal heirs (like your grand mother etc.) cannot be present to sign the Sale Deed, then such legal heirs can give a registered Power of Attorney in favour of any one of the Legal Heirs, and that legal heir can sign on the Sale Deed not only for himself, but also for and on behalf of the those who have given him the power of attorney.
3. In view the answer at (1) and (2) above, there is no need for obtaining first (i) any settlement deed or (ii) release deed from other legal heirs etc.

SHIRISH PAWAR, 7738990900 (Expert)
18 January 2018

If you want to sale the land you and other legal heirs can sale the land to third party by executing the sale deed before sub-registrar.

Dr J C Vashista (Expert)
19 January 2018

I fully agree with the expert opinion, analyses and advise of Mr. R Ramachandran.
It would be easy, convenient and economical to get POA executed by other LRs of your deceased father in your favour and get the Sale Deed executed/registered in favour of vendee on behalf of all of the LRs.

Surrender K Singal (Expert)
20 January 2018

Well advised in detail that would be sufficient



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