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K (N/A)     03 March 2014

Sale of inherited property

Dear Sirs,

My sister (35yrs, married) and I (33yrs, married) have inherited 5.5cents of land and house in Kerala from my deceased mother last year. My father is also deceased. And I have no alive grand parents from either side.

We have no brothers and we are the only two legal heirs and we are Hindus.

We have the Sale Deed (in my mother's name) and a Legal Heir Certificate (in both our names)

We want to sell the property.

1) Do we need to register the property in our name before we sell it?

2) What is a Succession certificate? Is it mandatory for the sale of the house?

3) Are there any other documents we are required to obtain before selling the house?


Kindly advise, your responses are highly appreciated at the earliest

Thank You



Learning

 5 Replies

shanmugam lakshmanan (senior)     03 March 2014

dear friend, your query is unambiquos. since, the property belonged to  your deceased  mother and you have obtained legal heirs certificate, no sucession certificate or any proof of succession is required.  Your title is clear subject to any encumbrances thereon. You can proceed further alongwith your sister to dispose the property to the prospective buyer. You may also get legal opinion from lawyers near to you so that, the buyer may not bargain much. Good wishes.

K (N/A)     05 March 2014

Thank you Mr.Shanmugam for your valuable response, although I have another question

1) Upon sale of the house, who is liable to pay the Registration fees? Is it the seller (me) or the buyer?

Awaiting your response

Thank you for your time and patience

Lakshminarayan (Self)     05 March 2014

Hey the buyer has to bear all the registration charges always.

Good luck.

K (N/A)     05 March 2014

Thank you for your response..

MANOJ SANKHE (student)     07 April 2014

MR SHAMUNGAM IS ABSOLTE CORRECT


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