Soumi (others) 22 July 2014

Legal heir certificate(varisnama)

We have a house constructed on freehold land in Ghaziabad by my father about 35 years back. My father expired last year without writing a WILL or nominating anybody to inherit the house. We are two sisters and my mother is still alive. Since we want to sell our house, we hired a lawyer to understand if there is any legal complications. Though he mentioned that we can easily sell the house if all three of us are in agreement, which we are, he suggested that we get a Legal hier certificate(Varisname) from Tehsil. He further said that getting a succession certificate would be time consuming and the legal hier certificate along with death certificate of my father can be used during the sale provided all three of us sign the sale deed during the final transfer of house to the prospective buyer. We already have our father's death certificate.

However, during one of the sale negotiations, one of the buyer mentioned that the legal hier certificate issued by Ghaziabad tehsil will not help him get a home loan later since it mentions that it it valid for any transaction upto Rs. 5000/- only. We further consulted our lawyer and he confirmed again that this document is enough since this is the document mostly used in Ghaziabad. Our lawyer is an expert in property law in that area.

Can somebody suggest if this legal hier document is valid to sale our house which is still in our father's name and all three of us are in agreement to sell it ? Will there be any issue to get bank loan by the buyer after the sale ?

Thanks!

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4 Replies

Laxmi Kant Joshi (Advocate ) 22 July 2014

After the death of your father you three your mother, you and your sister are the legal heirs of your deceased father , you have to obtain legal heir certificate (varishan ) from the tehsil of your area after that you three will get equal share in your fathers property now you three can sell your share to any buyer by putting signature on agreement to sell / sale deed .

Soumi (others) 23 July 2014

Many thanks Mr. Joshi for responding to my query.

Please note that I have already mentioned that we have obtained the legal heir certificate (varishan ) from Ghaziabad tehsil. The varishan states that me, my mother and my sister are the legal hiers.

It is a standard format of varishan and it states that it is valid upto transaction of Rs. 5000. Do you think that the buyer will get bank loans with this certificate since the property value is definitely more than Rs. 5000 ?

Laxmi Kant Joshi (Advocate ) 24 July 2014

you can make the transaction of immovable property as per legal heir certificate with you , you need succession certificate only if you want to transfer or get your father movable property more than rs.5000 , suppose your father had left 2 lacs in the bank , 10 lacs in the pf account and you want to withdraw it or wants to transfer it in your name then the bank and the office of your father or pf office can demand or ask for The succession certificate , you can get succession certificate from civil court of ghaziabad .

Soumi (others) 25 July 2014

Thank you for the clarifications. Your advice is really going to help me and several other people as well.

Can you please specify what documents the buyer would require from me while getting my property registered in his name ? He is asking for 2 photographs each of me, my mother and sister and copy of our id proofs, along with original death certificate of my father and uncancelled copy of the sale deed that my father had when he purchased this property.

Since many of my friends advised me not to give uncancelled copy of sale deed, I gave the buyer a cancelled copy of sale deed. But he says that the court would require uncancelled copy of sale deed.

Do you think it is safe to give him uncancelled copy of sale deed ?

After his lawyer submits the papers how much time the court would require to complete the transfer of property in his name ?