Civil Procedure Code (CPC)

Sale of title to property which has not been mutated


Dear Sirs,

My father had purchased title to Immovable property in 1968. For various reasons he could not manage to mutate the property in his favor. He has since expired.

 Likewise his Legal heirs have also been unsuccessful in doing so.

I have obtained the following documents:

  1. Death certificates of both Father and Mother

ii)       Relationship certificate of the children of my father from the village office.

iii)       Legal Heir Certificate from the tahasildar (Limit 2 Lakhs only and that in respect of debts Like           Govt. dues / Bank Balance etc)

There are offers from serious prospective buyers who are willing to buy the title from us, the legal heirs-without mutation in our favor - At a price far removed from the market price

Q1.       Is it possible to effect a transfer of title (without mutation or possession) by executing a sale deed (not agreement) before the Registrar.

Q2.       Is Succession certificate necessary for transfer of Immovable Property?

At least one prospective buyer seems to be insisting on it

My understanding is that Succession certificate is for debts and securities. Or is it relevant in the absence of mutation in favor of the sellers (the legal heirs)

Thank you in anticipation

Regards

Eric S. M.

 
Reply   
 
FIN

Submit the sale deed copy to concerned revenue officer for mutation in favor of buyer i.e your father.

Thereafter it is inheritance as per personal that applies in your case e.g; Hindu!

 
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Advocate & Solicitor at Law

The succession certificate is necessary only for movable assets . The buyer is probably insisting on it for the sake of caution . The process involving the issuance of the succesion certificate involves careful scrutiny of the possibility of the presence of all legal heirs and hence perhaps the buyer wants you to go through the said ordeal. Augustine Chatterjee 9999931153
 
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ha21@rediffmail.com Mumbai : 9820174108

1.  Based on the available documents and based on the readiness of the buyers to purchase the non-mutated property,  ALL the legal heirs may put their signatures on the Sale-Deed as "confirming parties" to affect a proper sale deed.


2.  IN the event of "no will" of the deceased property owners, the legal heirs can file petition for "Letter of Administration" (LA) before the Testamentary division of the state High Court, for the property of the deceased.  Based on the LA, a perfect legal sale deed can be duly executed, by the LA holders.

  
Keep Smiling .... Hemant Agarwal
VISIT:  http://www.maharashtra-society-help-forum.com

 
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