Docs required for sale of flat in deceased name

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved
Hi,
The Muslim flat owner (father)is deceased. The mother is the power of attorney of the flat and she also has expired. Now, both the children; brother and sister want to sell the property. They just have father's will and Succession certificate. What all documents are required to take in consideration to sell this flat? Is probate compulsory in this case?

Thanks.

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ajay sethi (Expert) 05 December 2011
has father left behind any nomination ?

make an application tot he society for transfer of flat in the name of legal heirs namely brother and sister .

if you have the succession certificate it should suffice in getting flat transferred in name of leagl heirs .

in case you desire to sell the flat the buyer may insist on probate .it is juidical proof that will is genuine and property bequeathed to legal heirs .

how can you have both will and succession certificate?

Rajeev Kumar (Expert) 05 December 2011
Agree with ajay

M.Sheik Mohammed Ali (Expert) 05 December 2011
if you want buy the said flat, then get all the records death ceritificate and legal heirs certificate and noc, and all the parent doucments.and proper registeration

Querist : Anonymous (Querist) 07 December 2011
The above case is of flat owners. I am wishing to purchase that flat. They have not done probate as it takes more than 1 year to get probate. They want to sell the flat immediately. Another workaround is that the legal heirs will do registration in their name of that flat and then I purcahse it from them. Is that safe if there is no probate for this scenario?

ajay sethi (Expert) 07 December 2011
probate as already telephonically expalined to you wont take more than 6 months if its not contested . since theya re the only legal heirs probate should not be a problem .

flat cnanot be sold immediatedly . what is the urgency? transfer of flat in name of deceased legal heirs will take time . has to be approved by managing Committee and advisable to get it ratified bY AGM .

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