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sameer kumar   16 July 2018

We want to sell plot which is on our father's(late) name

what certificate I need to have to sell the property , how to make them, we are 2 sibling (me and my brother) and my mother all of us are in agreement to sell. And buyer want to take loan on property so can he able to do that. father has not left any will, document we have is plot/land registry paper



Learning

 5 Replies

R.Ramachandran (Advocate)     16 July 2018

1. First you have to get a Legal Heir Certificate.  For this, you have to make an application to the Tehasildar of your area.  You also have to attach the Death Certificate of your father.
 

2. The Tehasildar, after making enquiries will grant you the Legal Heir Certificate.  It will take minimum 2-3 months, as verification has to be done first before giving you the Legal Heir Certificate.

3. Once you get a legal heir certificate, on that basis, you can execute the Registered Sale Deed and all the three of you (your mother, you and your brother)  can sign the Sale Deed before the Registrar's office.  The buyer will agree to this procedure.

Shashikant V. Patil (Lawyer)     16 July 2018

Agreed with  R Ramchandran. 

Kumar Doab (FIN)     17 July 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Your buyer may also like to take full precaution and legal opinion.

Kumar Doab (FIN)     17 July 2018

 

Which personal law applies in your case?

Are you all Hindu?

Confirm!

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

So if mother of your father was alive as explained above she also has equals share.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

At some locations authorities may agree to accept even an affidavit about legal heirs…

Check locally.

The lender may even ask for succession certificate, and all legal heirs to be present to sign on sale deed, per internal procedure.

You may check with buyer/lender for their requirements as you may have to satisfy them..

1 Like

sameer kumar   18 July 2018

yes we all are hindu belong to Uttar pradesh ,property belong to Lucknow (UP)

My grand mother is dead, after my father death my mother and we 2 brother are leagal heir

is there any site where we can in detail see procedure.


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