Inheritance of property
RK
(Querist) 26 June 2021
This query is : Resolved
I am the one only child to my parents( no siblings) and both of them have passed away in quick succession recently. My father owns a flat in which I am currently living. I have applied for legal heir certificate. For using the property and in future when need to sell or mortgage the same should I necessarily transfer the property to my name or is it sufficient that the papers like the building agreement and the sale deed can continue to have my father's name and with legal heir certificate alone I will be able to sell the property to others. Please clarify. No will from my father as well.
Also pls confirm the name change required for property tax, water and sewage tax and electricity connection can also be taken up once I receive the legal heir certificate from the Thasildar office in Chennai.
kavksatyanarayana
(Expert) 26 June 2021
After obtaining a Legal heir certificate from the Tahsildar concerned and the death certificate of your parents, you can apply for name transfer in Mpl/Mpl.corpn./local body by enclosing the copy of the legal heir certificate, death certificates of your parents, and sale deed which is in your father's name. so don't worry. go ahead.
Advocate Bhartesh goyal 
(Expert) 27 June 2021
Although you have to obtain legal heirship certificate from concerned authority but need not to transfer the property in your name.you can sell the property without transferring on your name on basis of sale deed ( your father's name ) and legal heirship certificate.
P. Venu
(Expert) 27 June 2021
It is the natural course that, on the death of the Owner the property is got mutated in the name of the legal heirs. What is the problem if the property is mutated in your name?
Dr J C Vashista
(Expert) 27 June 2021
Obtain legal representative / surviving member certificate from area Tehsildar and get the property mutated in your name, which is sufficient for further disposal.
T. Kalaiselvan, Advocate
(Expert) 30 June 2021
Though you can sell the proeprty on the basis of the legal heirship certificate confirming your succession to the property by which you can very well sell the property by a registered sale deed, it is always advisable that you transfer the revenue records including the property tax and other utilities to your name so that it will be easy for the buyer to transfer the same to his name from you.
