inherited property
CA Manmohan
(Querist) 03 January 2011
This query is : Resolved
Hello Experts
Happy New Year
I am sanjay. I want to know one point, I want to sell the inheritant property.There are four claimants and there is no will. What will be the procedure for sale of that property? Whether I need the sucession certificate in case of sale? It is humbly requested to advise and send the propforma of sucession certificate.
thanks and regards
sanjay
thanks
R.Ramachandran
(Expert) 03 January 2011
First and foremost, the legal heirs have to obtain necessary succession certificate and after obtaining the succession certificate get the property mutated in their names.
If the entire property is to be sold, then on the basis of the mutation already done, the property can be sold. For this all the legal heirs have to put their signature.
Otherwise, after obtaining the succession property has to be first partitioned between the legal heirs and sold.
c n vittal rao
(Expert) 03 January 2011
Dear Mr Sanjay
If the property is inherited under the Hindu sucsession act and if all are sucessors who inherit are in exclusion to all or any others persons,formalities like sucession certificate can be obtained as an option and for abundant caution and are not compulsory.
If you feel obliged to apply for a sucsession certificate you may do so to a court which has jurisdiction by producing the death certificate of the intestate person before the court by way of an petition seeking the same
adv. rajeev ( rajoo )
(Expert) 03 January 2011
In the property all have got equal share, without the division by metes and bounds you cannot sell the property. To sell the property make a division by metes and bounds and get enter your name to the property which you have got in the partition.
SANJAY GUPTA
(Expert) 03 January 2011
you can ask all the claimant to sign on the sale proceeding as the legal heir of the owner,no need for succession certificate, if they all agree for the sale, otherwise you have to do as per advice by the opinion of the experts.
Guest
(Expert) 03 January 2011
1. CHECK WITH ENCUMBRANCE CERTIFICATE WITH REGISTRAR OFFICE.
2. GET THE LEGAL HEIR CERTIFICATE OF THE CLAIMANTS FROM REVENUE OFFICE
3. ISSUE PAPER PUBLICATION CALLING FOR ANY OBJECTION BY THIRD PARTIES
4. GET THE SALE DEED EXECUTED BY ALL THE CLAIMANTS
IT IS ENOUGH
