When dealing with an intestate estate involving an immovable property in Mumbai, there are specific procedures regarding court documents and sale permissions.
In Mumbai, obtaining a Letter of Administration (LoA) is generally the better and safer approach when an immovable property is involved.
Issued exclusively by the Bombay High Court (for Mumbai jurisdiction) under the Indian Succession Act, 1925. It Grants absolute legal authority to manage, transfer, or liquidate the deceased's real estate.
If your goal is to sell the flat, apply for a Letter of Administration from the Bombay High Court. While it involves court fees and takes roughly 6 to 12 months, it provides a clean title that buyers and home loan banks require. A mere Legal Heir Certificate often leads to title objections during the buyer's due diligence. Once the LoA is granted (or all legal heirs are recognized), no court or government permission is required to sell the flat.
All legal heirs can jointly execute the registered Sale Deed directly with the prospective buyer as co-owners.
If only one legal heir wishes to sell, the other legal heirs must first relinquish their rights via a Registered Release Deed (Relinquishment Deed). Once registered, that single heir becomes the absolute owner and can sell without further permission
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