Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Darren (Servicemen)     10 July 2012

Sale of joint owner property where 1st member is deceased



Need some advise for the scenario we are into as of now

The house is in joint ownership i.e in my father and mother's name. My father has passed away 10 yrs ago and has joint share certicates + no will left by him.

Recently we wanted to sell the co-owned house however the purchaser could not begin with the sale registry of our house as he has been advised that the house is still in joint name and need the document to be in living owner's name so that the sale formalities can began.

WWe have been asked to transfer the title in single owner i.e. in my mothers name. Is this procedure required where Co owners were husband and wife for sale of our house . If yes .. Could you please help with the procedure and timeline for the same.


 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 July 2012

Get the names of the heirs of your father mutated in the property extracts on the basis of his death certificate and the legal heir certificate of your father. Then the heirs can sign in place of your father and your mother can sign for her own share.

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Darren (Servicemen)     10 July 2012

Thanks for yor reply

There is no heir certificate prepared for my father.

Would I be correct if i say that me and my brother are the heirs to my father share ?

So how long does it take to acquire the heir certificate? Is it a lengthy procedure (3 months approx -where it will go to court then advertisement in newspaper )

Sanyam Malhotra (Advocate)     10 July 2012

you have to get the ownership with regard to fathers share in the propery transferred.

if you wish to get his share transferred to your mother, legal heirs of your father would be required to relinquish their share in favour of mother. if legal heirs are to retain their share they need to get their names entered in the record and then effect sale.

depending on your place of residence you might also need to obtain an NOC from the local officer/authority.

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Adv Archana Deshmukh (Practicing Advocate)     10 July 2012

Who are the legal heirs depends upon the personal law applicable to you i.e whether you are a hindu, muslim, christian etc.

By your name I suppose you are a christian, then your mother would inherit 1/3rd share and you and your brother will share the remaining 2/3  50-50 in the property of your father. 


Yes, court procedure do take some time. Consult a local lawyer for the same.

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Darren (Servicemen)     10 July 2012

Thanks again ..


How different it will be for Hindu as I am one and residence is in Navi Mumbai

Adv Archana Deshmukh (Practicing Advocate)     10 July 2012

Legal heirs of a male hindu dying intestate are :-

Mother, children and wife all sharing equally.

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Adv.R.P.Chugh (Advocate/Legal Consultant (     10 July 2012

Children + wife would get equally within the half share of your father. The process as highlighted above is Death Certificate >> Legal Heir Certicate >> Application for Mutation before the concerned land/revenue authorities >> then you would be competent to execute the sale deed in purchaser's favour. 

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