Abdul (AM) 28 November 2011
HI,
I live with my mother in Hyderabad, I have three brothers and 1 sister all married. My father who was an private employee passed away 2 years back, without leaving any will.
Now we are willing to sell our father's property (it’s not an ancestral property). My question is, whether a succession certificate/legal heir certificate is mandatory to sell the property, if yes then what's the procedure and fee involved in getting it.
Regards
ABK
M.Sheik Mohammed Ali (advocate) 28 November 2011
if without will you could not sell the property,so all of you get the legal heirs certificate get from tahsildar or from the court,
K. GOPALAKRISHNAN (ADVOCATE) 28 November 2011
Legal heirship certificate must be obtained from the Taluk/Firka/Jilla Office for disposing the property. In some cases, succession certificate from the Court is insisted. Both the procedures are same. Normally, in case of transfer of share certificate, deposits in banks, succession is insisted.
sridhar pasumarthy (ADVOCATE) 28 November 2011
Dear Abdul,
Being class I legal heirs of your deceased father, your mother, your brothers, sisters and u have become entitled to equal share in his property.
Neither succession certificate nor legal heir certificate is necessary to sell such a property.
Moreover, question of Succession certificate does not arise in case of immovable property at all.
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