Sale of ancestral property

On the intestate death of your father, his legal heirs consisting his wife (your mother), sons and daughters have equal rights over the properties and his other estates.  If you all want to dispose/sell, all of them have to execute a joint sale deed in favor of the prospective purchaser(s).  Hence the sale of the properties by only the sons in the event of availability of other legal heirs as on that date, is invalid and illegal.

You can sell own  /5 share  if Mother not alive and If sister alive she will take own share.

Dear Sir,

                      After the death of your father, his legal heirs consisting his wife (your mother), sons and daughters have equal rights over the properties and his other estates. If you all want to dispose/sell, all of them have to execute a joint sale deed in favor of the prospective purchaser(s). Hence the sale of the properties by only the sons in the event of availability of other legal heirs as on that date, is invalid and illegal.

For more query contact us query@nrilegalconsulting.com

Thanks. My mother passed away few years ago. There are no legal heirs apart from the 5 sons. All of us have mutually consented to sell the land. Question is if we need  a succession certificate or any other documentation to prove that we are the only bonafide ineheritors of the property in order to get into a joint sale deed with the purchaser.

Thanks,

Ajay

Ajay,

Only the title owner can sell a property. What is the proof that you 5 are the only title holders to the property under sale?, if obtaining a succession certificate through a court is cumbersome and involves time/delay, you may obtain a legal heirship certificate from concerned Tahsildar Office to evidence that you the are only surviving legal heirs to succeed to the estates of your deceased father.  Then only you will become the bonafide sellers of the property, the purchaser will demand for it and he has got a right to demand the proof of title.

Thanks. My understanding is that one needs to pay 3 or more percent of the estate value as tax in order to get a succession certificate, not to mention the time required for this process(seems to be almost 2 months at the minimum). I was just wondering if there is any workaround this problem.

Thanks,

Ajay