Release deed instead heirship certificate
Querist :
Anonymous
(Querist) 09 December 2025
This query is : Resolved
I wanted to check if person who died without will. Can his son/daughter sell the property without heirship certificate in Maharashtra?
kavksatyanarayana
(Expert) 09 December 2025
What is your problem? However, if any person dies intestate, all their legal heirs have an equal share in the property.
T. Kalaiselvan, Advocate
(Expert) 10 December 2025
How will the buyer come to know the details of intestate successors in interest without the legal heirship certificate issued by authentic government sources.
Hence better obtain one
Advocate Bhartesh goyal
(Expert) 11 December 2025
Yes,legal heirship certificate is required to sell the property of deceased in absence of his will, it establish lawful heirs of deceased owner and who have right to sale the property.
Dr. J C Vashista
(Expert) 12 December 2025
I concur with learned senior experts.
Dr. J C Vashista
(Expert) 15 December 2025
It is better and fruitful to post your dispute/ problem instead of posting a question paper to take an examination of experts.
Sri Vijayan.A
(Expert) 21 December 2025
🌷 The legal heir certificate serves to identify the rightful heirs of the deceased individual. It also acts as proof that there are no other heirs. The buyer may require that all legal heirs listed in the heir certificate execute the sale deed.
🌷 In the absence of this certificate, some heirs may collaborate to sell the property while concealing the existence of other heirs. Additionally, the certificate assists the buyer in verifying whether the claimants are indeed the heirs of the deceased property owner.
🌷 In certain situations, the buyer might be familiar with the complete family history of the property owner, thus potentially not requiring the legal heir certificate. However, if he attempts to sell the property after a few years, prospective buyers may question this absence. He may find himself unable to obtain the legal heir certificate, which could jeopardize the marketability of the property.
In light of these considerations, I leave it to you to determine the necessity of the legal heir certificate.
PS: The Registrars usually insist on legal heirship proof to register the sale deed.
P. Venu
(Expert) 27 December 2025
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