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KSM   16 January 2022

Can a property be sold without legal heirship certificate of one heir...?

Can 2 legal exclusive heirs to the property sell it when one doesnt have their legal heirship certificate. Sale needs to be done urgently. My legal heirship certificate is present and doesnt mention the other legal heir..because that person abandoned the family 30 years ago. So for her to apply now etc will take time. Can we show other relevant documents where that persons name is present and sell the property so both partys can take our respective share.



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 2 Replies

Anaita Vas   22 January 2022

If the land is hereditary, then the selling agreement must be signed by all legitimate successors. If some other documentation exists to prove that they are all lawful successors, that documentation will suffice.

If the seller's ownership is valid and valuable, a legal heir certificate is necessary to sell the property. Even for a parcel of land, a legal heir certificate cannot be given.

The appropriate successor, who inherits the departed person's property and duties, applies for a legal heir certificate to hand over a departed person's real estate to the legitimate heir.

 

Regards,

Anaita Vas

 

 

KSM   24 January 2022

Greetings,

Its a single flat in an apartment. The owner died intestate while the flat is till date in his name. 35 years have passed. The wife and the only 1 child survivors want to take their shares by selling it. The child has the legal heirship certifcate. The mothers name is not in that certificate bec she was not living with her husband and this child for 30 years but has now resurfaced to take the money. The child is willing to give it, but she has no legal heirship certificate....but there are documents that she is the wife of the intestate father such as marriage certificate and also ration card with her name + this childs name. Also the birth certificate of the child shows this mother's name on it.

Are these documents sufficient to sell the property to the new buyer ? Thanks


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