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vikas   07 September 2017

Sale of property

As myself, my mother and brother name is included in hereship certificate afetr my father death but now as my mother is expired , do again i have to apply for hership or we brothers can sell property by showing death certificate



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 25 Replies

pankaj verma   07 September 2017

yes...
yes with mutual...if not then NOC from other brothers

Siddharth Srivastava (Advocate)     07 September 2017

You both shall be required to obtain succession certificate in respect of your mother's share otherwise in case of transfer the title shall remain defective. Sidharth 9811776422

vikas   07 September 2017

Thanks for your reply but do we have to again re apply for hership certificate or is there any other way out ? does obtainig sucession certificate take time?

G.L.N. Prasad (Retired employee.)     08 September 2017

There is only one way.  Obtain legal heir certificate and enter into family settlement , get that deed registered and proceed further.

P. Venu (Advocate)     08 September 2017

A legal heirship certificate is not required for executing a family settlement deed or partition deed.

SHIRISH PAWAR, 7738990900 (Advocate)     08 September 2017

You have to take mother's heirship certificate then you can enter into family settlement.

Kumar Doab (FIN)     08 September 2017

To sell the whole property you have to attain rights equal to that of owner of whole property.

Obtain death certificate of mother and approach concerned official in O/o Authority under whose jurisdiction property falls and inquire.............e.g; Patwaari.

 

 

Kumar Doab (FIN)     08 September 2017

Legal heir certificate of mother may be asked.

 

Kumar Doab (FIN)     08 September 2017

It is believed that you are all Hindu.

Confirm!

 

Kumar Doab (FIN)     08 September 2017

In case of Hindu woman the nature and source of property matters.

In case of self acquired/absolute property of deceased Hindu woman the 1st right is of; Husband (if alive as on date of death), sons,daughters.

The property that devolves by inheritance is of nature self acquired.

 

It is in your interest to get legal heir certificate.

 

 

 

aki   08 September 2017

can we get succession cert after sale of property, why because it will take atleast 4 months

Kumar Doab (FIN)     08 September 2017

Why do you want succession certificate?

If, legal heir certificate can serve your prupose.

Has any one say ; Buyer or some institution insisted for it?

 

Kumar Doab (FIN)     08 September 2017

Same Query:

 

https://www.lawyersclubindia.com/forum/How-to-sale-property-by-heirs-whose-owners-i-e-both-parents-are-dead-153738.asp

Krishna. Advocate (Advocate)     09 September 2017

Since it is related to  immovable property, Succession certificate does not make any sense.

Succession certificate is for debts and securities.Legal heir certificate is for immovable properties.

In case of Partition , Legal heir certificate is not necessary.You can do the partition by executing Partition deed or Settlement deed.

In case of Selling the Property  , Better apply for legal heir certificate again.

Krishna. Advocate 9447963440

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