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Ramachandran (DPS)     28 June 2014

Family property settlement

I live in Bangalore, in  the house constructed by my father. He expired 12 years ago. We are  six ( 5 children and mother )who have claim on this property. Now, we want to sell the house and divide the amount equally among us.  As on now the property is in my father's name and we have not transferred it  to our names.

 

Now, my question is what are the things to be done before the house is to be sold ? I request  for the complete procedure. 



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 June 2014

all legal heirs of your father shall execute the sale deed in favour of the buyer.  If the buyer asks about the inheritance, get legal heir certificate from the authorities concerned and show to him.  this is for information.

Laxmi Kant Joshi (Advocate )     29 June 2014

First of all obtain legal heir certificate for all of you six members mother and five children as you were the legal heir of the deceased person, from the sdm/ tehsildars office and then sell your property and release your shares in the favour of buyer .

T. Kalaiselvan, Advocate (Advocate)     29 June 2014

If the prospective buyer is convinced and satisfied that there are no more legal heirs to your father other than you people and he is not insisting on a legal heirship certificate, you may all jointly execute the registered sale deed in favor of the prospective purchaser and if need be you may attach a notarized family tree certificate typewritten on a stamp paper because in Bangalore the revenue authorities do not issue legal heirship certificate, however on a personal visit to the nearest Taluk office, you may clarify this.

Ramachandran (DPS)     02 July 2014

Thanks everybody for their inputs. I need some more clarification.

1. The property  and Khatha are still in the name of my late father.  Whether I should get the property and Khata  transferred to our names( Six persons') before we sell the property ?

2. And if so,  what is the procedure to get the property and Khata transferred to our names ?

3. If not   what is the procedure to to follow to sell the property ?

4. What are the documents required for obtaining the legal heir certificate ?


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