Meenakshi Kumar 21 May 2021

Sale of property in the name ofdesceased

My father procurred 2 grounds of vacant land in the heart of chennai.He died recently and we want to sell the same.Can the land be sold without a transfer of title if all his heirs agree to it in unision or must a patta transfer in the name of his heirs jointly be effected to conduct a sale

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Dr J C Vashista (Advocate) 22 May 2021

Such a sale transaction can neither be registered nor valid as the titleholder (owner) is stated to have been died.

G.L.N. Prasad (Retired employee.) 22 May 2021

Enter into a family settlement deed, entrust this sale transaction through a Regd., Power of attorney to one among legal heirs, and let all this transaction processed through a professional for smooth sailing.

P. Venu (Advocate) 22 May 2021

On the death of the father, the property is vested jointly with all the legal heirs. The proper procedure is in getting the property mutated in their names before executing the sale deed.

T. Kalaiselvan, Advocate (Advocate) 23 May 2021

First obtain a legal heirship certificate by including the names of all the legal heirs and then apply for transfer of revenue records in the names of all the shareholders.

Now based on the above said two documents, you all can execute a registered sale deed in fvor of the prospective buyer jointly.

If the registrar accepts the execution of sale deed jointly by all the legal heirs on the basis of the legal heirship certificate without mutation of the property, you can proceed.