ARINDAM 02 May 2017
My father expired recently without a will. Our flat is in his name. My mother and I are the only successors (no brothers/sisters). We want to sell the flat.
1. Please let me know what documents are necessary to prove that we are the only legal successors? Is death certificate of my father and grandmother enough ?
2. Can we sell the flat without transferring to our name ? Or do we need to do registration/mutation first?
Kumar Doab (FIN) 02 May 2017
It is believed that you are all Hindu.
The estate/property of deceased father is self acquired.
Confirm!
Kumar Doab (FIN) 02 May 2017
The ClassI Legal heirs of deceased Hindu male have 1st right i.e; Mother (if alive as on date of death), wife (if alive as on date of death), sons, daughters……………….
If there is NO dispute then it is simple case of inheritance.
Kumar Doab (FIN) 02 May 2017
The O/o Authority under whose jurisdiction property falls has a set procedure for such matters: ‘Intestate Succession’. Usuallly duly signed requisite docs e.g; forms with signature of all legal heirs, legal heir certificate, death certificate, ID proofs/photo of all, etc etc……………is required.
Therafter obtain copy of updated mutation records.
Each legal heir attains rights equal to that of owner for his/her share.
The buyer can be given copy of mutation records.
saravanan s (legal advisor) 02 May 2017
you got to first apply for the legal heir certificate and then mutate the property on your name and your mothers name.once after this you can proceed for sale of the property
ARINDAM 02 May 2017
Thank you for your replies. Yes, we are all Hindu. Property was self-bought by my father.
So basically, we cannot sell without first transferring the property to our name, right ?
Kindly suggest how Legal Heir certificate can be obtained. I have heard of Succession Certificate - are they the same ?
Could you also provide an idea of the cost involved for this? The property is located in Kolkata, West Bengal.
Kumar Doab (FIN) 02 May 2017
Check at website or in person with with O/o Authority under whose jurisdiction property falls e.g; MC.
The time, cost etc can not be forecasted.
Local counsels specializing in revenue/property/civil matters can advise you the best.
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