Property inheritance and sale

Originally posted by : Abhilasha
	Hi we two sisters and our mother are the legal heir of a ancestral residential property after the death of my father . We want to sell off this property which was originally built by my grandfather (my grandfather further divided the property into his two sons my father and his brother ) we want to sell our portion of the property . What all papers will we need do we need legal heir certificate ? And what else along with LHC We are Hindu Property is in Uttar Pradesh My grandfather purchased on his own(in1955) Division is done but the deed is not registered its on a 20rs stamp (done in 1989 ) Property is urban residential Me and my sister are unmarried My Dad passed away in nov 2016(without leaving any will) We have applied for legal heir certificate (my mother as applicant) What else do we need beside death certificate and legal heir certificate so thay we can dispose off this proper

You are in the right direction.

Now few pointers,

Interstate property, each person left in first class heir gets 1 share each. and so forth.

Now there should be no challenge from other members who can claim such share in property via some willl which might be written which you are not aware of.  So you can publish the same intentino of yours to dispose off such share in property via news paper, national 1, local 1, two times asking of any other claims holder and give time 21 days.  After which you can sell such property provided you have paid all the taxes on such property after getting registered in your respective names ie you both sisters. and sell such property after giving each other NOC to the effect to sell it.

If any other person makes a claim by showing some other will, autheticity of such will is to be acertained by way of petitoin in court of Law.  The case will have its own affect based on outcome of such.

Is it the same query:

https://www.lawyersclubindia.com/forum/Legal-heir-certificate-145999.asp

https://www.lawyersclubindia.com/forum/Legal-heir-certificate-145999.asp

Inquire from o/o concerned authority under whose jurisdiction property falls; e.g; revenue office/official; say; Patwaari.

Legal heir certificate, death certificate are required.

How this property did come into hands of your grandfather (father’s father)?

Was it purchased by your grandfather from self earned funds or inherited?

Usually legal heir certificate is issued by Tehsildar post inquiry by revenue officials say;Kanungo, Patwaari.

Legal heir certificate,death certificate of both Grandfather,father is required.

Submit both to concerned authority to record inheritance and obtain latest document showing inheritance and share e.g; Fard.

Once you are owner you can act like owner.

The authority May opine that the division on Rs.20/ stamp paper is not registered/accdeptable and/or is not as per succession laws and or is unfair and/or the partition (oral/documented) needs to be established and/or all legal heirs of grandfather may appear and sign……etc etc

Sincde property is urban and residential it might be out of purview of UP Land and Zamindari Abolition Act.

Local counsel can help you.

Inquire from o/o concerned authority under whose jurisdiction property falls; e.g; revenue office/official; say; Patwaari, Naib Tehsildar in Municiple Corporation................... 

You must be aware who is the authority in this case.

Obtain help from local counsel.

One can act like owner once one has attained rights equal to that of owner.

Once you have successfully obtained the requisite documents and these documents are accepted and inheritance recorded  in your name you get rights of owner and can act like owner.

Complete the process as per local/state; rules.