Heirship required in this case

sachin s shenoy (Querist) 07 December 2016 This query is : Resolved
i have a property in Navi mumbai on my name and my father's name i am the 1st owner father is the secondly joint owner,father passed away in 2011 and i want to sell the property ,what are the required documents and procedures the property is in kharghar navi mumbai do i need heirship,i have the payement details as i have taken the loan and i have all the supporting documents in my name.I have surviving my mother and a brother.what do i do to fully avil it in my name and my wife's.please advice and guide.

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Kumar Doab (Expert) 07 December 2016
It is believed that you are Hindu.
Confirm!

The legal heirs of the deceased father shall share the estate equally.

Death certificate,Legal heir certificate are basic requisites to mutate the inheritance of property in the names of all legal heirs, in the records of authority under whose jurisdiction property falls.

The owners can dispose the property by a valid deed ( say; sale/gift/relinquishment/release etc etc) in anyone's favor e.g; you and your wife.

Rajendra K Goyal (Expert) 07 December 2016
Share of father would be inherited by all of his legal heirs, if you want to sell, their consent / signatures required.

Kumar Doab (Expert) 07 December 2016
You have posted that:
"what do i do to fully avil it in my name and my wife's"

Since you do not want to sell further, but to want own full share, you may choose a valid deed, as suitable to you.

Local counsel can help you further.