Sale of property

Thanks for your reply but do we have to again re apply for hership certificate or is there any other way out ? does obtainig sucession certificate take time?

There is only one way.  Obtain legal heir certificate and enter into family settlement , get that deed registered and proceed further.

A legal heirship certificate is not required for executing a family settlement deed or partition deed.

You have to take mother's heirship certificate then you can enter into family settlement.

To sell the whole property you have to attain rights equal to that of owner of whole property.

Obtain death certificate of mother and approach concerned official in O/o Authority under whose jurisdiction property falls and inquire.............e.g; Patwaari.

Legal heir certificate of mother may be asked.

It is believed that you are all Hindu.

Confirm!

In case of Hindu woman the nature and source of property matters.

In case of self acquired/absolute property of deceased Hindu woman the 1st right is of; Husband (if alive as on date of death), sons,daughters.

The property that devolves by inheritance is of nature self acquired.

It is in your interest to get legal heir certificate.

can we get succession cert after sale of property, why because it will take atleast 4 months

Why do you want succession certificate?

If, legal heir certificate can serve your prupose.

Has any one say ; Buyer or some institution insisted for it?

Same Query:

https://www.lawyersclubindia.com/forum/How-to-sale-property-by-heirs-whose-owners-i-e-both-parents-are-dead-153738.asp

Since it is related to  immovable property, Succession certificate does not make any sense.

Succession certificate is for debts and securities.Legal heir certificate is for immovable properties.

In case of Partition , Legal heir certificate is not necessary.You can do the partition by executing Partition deed or Settlement deed.

In case of Selling the Property  , Better apply for legal heir certificate again.

Krishna. Advocate 9447963440