Sell/transfer residential property
Manish
(Querist) 09 October 2017
This query is : Resolved
My dad has expired 1 year ago and left no will. We have one document "share certificate" for House.
I need help on following
Can I sell property without transeferring to legal hairs ?
If Yes, which processes I need to do ?
If Not , which processes I need to do to transfer property on my mother's name ?
Requesting you please do needful. Thank you.
P. Venu
(Expert) 10 October 2017
Property rights is distinct from the share certificate. Any transfer requires that the deed be executed by all the legal heirs.
Rajendra K Goyal
(Expert) 10 October 2017
It is better to get the property transferred in the name of legal heirs / one legal heir after getting relinquishment deed / gift deed from other legal heirs. After this the property can be sold easily.
Manish
(Querist) 10 October 2017
Thank you so much your inputs. I need further help on following.
I understood that I can't sell house without transferring in the name of legal heris.
Once I get relinquishment deed from other legal heirs, can you please share procedure to transfer residential property to my mother's name. Please do needful.
Kumar Doab
(Expert) 10 October 2017
If any nomination exists the society may act as per valid nomination.
Legal heirs can submit requisite docs e.g; death certificate, legal heir certificate per procedure of society..........
The buyer may agree if all legal heir may agree to sign........
It is a matter between the seller and buyer.............
The buyer may not agree also...
Manish
(Querist) 11 October 2017
Thanks for inputs but our society is not well organized so which procedure needs to be followed to transfer property to my mother's name. Please do needful.
Manish
(Querist) 13 October 2017
Please provide details how to transfer property to my mother' name and I have one document share certificate with me.
Guest
(Expert) 13 October 2017
If your society is not organised, how you can expect the society to transfer the property to your mother's name without going through the legal process through a civil court to establish her claim ignoring the claims of other eligible legal heirs?
Guest
(Expert) 13 October 2017
Mr. Manish,
Transfer of property of the deceased is not a simple process that can be solved through answers on casual query. The requisite legal processes have to be accomplished in such cases.
However, about your questions the replies are as follows:
1) Legally, you can neither sell to anyone, nor transfer the property solely in your mother's name without transferring to the legal heirs or getting relinquishment deed from them, provided there exists no nomination also of the deceased father. However, if nomination exists, only the nominee can claim the property. Rest depends upon nominee only.
2 & 3) You will have to take help of some local lawyer. Even a document writer sitting before the Sub-Registrar Office can help, provided there is no nomination exists.
