Sale of property

Sachin Kumar (Querist) 25 November 2022 This query is : Resolved
We are family consisting of mother and three brothers.
My father expired in 2017.
We had flat in society.
Three brothers have made relinquishment deed in 2017 and transferred portion to mother.
The flat is in my mother name.

Now , We are selling the flat and purchaser is taking loan from SBI.
SBI is demanding legal heir certificate.

We donot have legal heir certificate.

Why SBI is demanding legal heir certificate despite flat is in my mother name ?

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Quick Summary

A family is selling a flat that was transferred to their mother after their father's passing. The buyer's bank, SBI, is requesting a legal heir certificate, which the family doesn't have. Experts explain that even though the flat is in the mother's name, the brothers still have a claim to their father's share of the property, necessitating the certificate for the sale.

kavksatyanarayana (Expert) 25 November 2022
You relinquished your rights to your mother, but your mother and you (3 brothers) have equal shares of your father's property. Hence the bank correctly asked you. So get the legal heir certificate from the Tahsildar concerned.

Dr J C Vashista (Expert) 26 November 2022
I concur expert advise of Mr. Kavksatayanaryana ji.
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