Procedure for sale

mahesh kumar yadav (Querist) 03 August 2013 This query is : Resolved
Dear all,

my father owns property in Hyderabad, he died without making WILL, now i want to sell the property of my father which is not in my name and what is the procedure to be followed in this situation to sell the property.

Regards
Mahesh

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prabhakar singh (Expert) 03 August 2013
First get the property mutated in your name in record of rights of tehsil/development authority /or municipality,as your case be.

Find a buyer,negotiate consideration,execute
a sale deed ,get it registered.All expenses
of registration including stamp duty is to be born by the buyer.

Devajyoti Barman (Expert) 03 August 2013
If you are his only legal heir surviving then you can sell his property on production of his death certificate.
However of he has left any other legal heirs besides you, then you have to take all of them to sell the property jointly.

mahesh kumar yadav (Querist) 03 August 2013
thanks to all,

mutation of name is mandatory if so under what provisions of law? or under law of succession i am entitled to sell the property without mutation of my name?

Deepak Nair (Expert) 03 August 2013
You cannot sell the property unless the same is transferred in your name in the revenue records of your state government.

mutation is necessary as per the land revenue code of every state.

You need to apply to the Tahsildar having jurisdiction on your locality for the mutation. Once it is done, you can sell the property.

Rajendra K Goyal (Expert) 03 August 2013
Well advised, nothing more to add.

Raj Kumar Makkad (Expert) 05 August 2013
You have not mentioned about the legal heirs of your deceased father. All legal heirs are required to get the mutation in their name and thereafter every co-sharer is free to sale his own share as per law.

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