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OnlineCitizen   02 May 2016

Legal heir certificate required?

Hello all-

My father is trying to sell a property left to him on a well written will by my grandfather. The will clearly states that the property was acquired by my grandfather, and he is giving that property to my father. My father has a few brothers (couple of them decesaded, few more alive). 

To sell the property, does he need to get signatures/approval from all his brother's families? What legal documents are required to proceed with the sale?


Thank you.


 5 Replies

S.Sankarasubramanian (practcing advocate)     02 May 2016

Kindly state where the property is situate. The  querry is not clearly expressed.  Further it is and academic querry.

                                                                            S.Sankarasubramanian, advocate.



OnlineCitizen   03 May 2016

Thank you. This property is located in TamilNadu. Thanks.

G.L.N. Prasad (Retired employee.)     03 May 2016

When there is a testament, and if the property is self acquired by your father without the support of joint family income of ancestral property, and if there is already a partition, selling the property may not be a problem.

Anand Bali Adv. (Advocate Solicitor & Consultant)     03 May 2016

no your father does not need any body to give NOC for getting the property sold out however first he has to get Probated the Will favouring him for the property concerned and then after getting a letter of Administration first get transfer the property in his name and then sell it to whom he wants to sell this is a legal proposition in this case. 

In many of the states there is no necessity to probate a Will through Court but the Sub registrar after getting an indemnity bond be signed by the person in who's favour the Will is submitted to him gets transfer the property and by that he becomes a real owner of the property to enjoy fruits of ownership.

adv.bharat @ PUNE (Lawyer)     07 May 2016

1) file case in court to get probate in his favour for will.

2) First transfer property in his name and then sell it .

3) this process is different from state to state. In ur case since it is self acquired property ur father need not to take NOC from other memebr of his family.


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