Succession

Querist : Anonymous (Querist) 11 October 2010 This query is : Resolved
My father died 3 months back and he did not write will for his land. If we want to sell this land later what should we do?

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pawan sharma (Expert) 11 October 2010
i. made family settelment and confermed through the coury by filing the declaratory suit.or
ii. Apply for succession in the court.

KAMARAJ BHARATHY G (Expert) 11 October 2010
you have to obtain death and legal heirs certificate of your father. If the property is agricultural land you can do patta name transfer in the name of all the legal heirs. If the property is residential one you can get house tax receipt in the name of legal heirs. If you want to sell the property, all the legal heirs should executed sale deed or all of them exept one can create power of attorney in favour of one among them or they can release their right in favour of one of them.

Vinoba (Expert) 11 October 2010
Hello
You have get a declaratory decree that you and your blood relations are the legal heirs of your father. Succession certificate will not be granted for immovable properties. After obtaining the declaration as you and your blood relations are the legal heirs of your father, you all can executed sale deed in favour of the prospective purchaser on the strength of the decree by court.
L. Vinoba
Advocate,
Pondicherry.

R.Ramachandran (Expert) 11 October 2010
Yes, what Mr. Kamaraj says is correct. On the basis of the Death Certificate, please make an application to the Revenue Department i.e. Tehasildar of your area requesting for grant of Legal Heir Certificate.
Once the legal heir certificate is in your hands, then follow any one of the steps stated by Mr. Kamaraj.