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Author Topic: How to Sell Late Father Property  (Read 549 times)

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Offline preetank2010

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How to Sell Late Father Property
« on: April 08, 2017, 12:31:52 AM »
Hi All,

My Father died few months back leaving my mother and me . Our house is on his name. Now We need to sell of this house . There is no will.
1. Do we need succession certificate to dispose off the property or Letter of administration
2. Do we need to transfer the property to my mother's name first or we can directly sale . If yes how?

Offline advmisthi

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Re: How to Sell Late Father Property
« Reply #1 on: April 09, 2017, 01:15:05 AM »
First get the legal heirs certificate done, than do the mutation of property in your mother's name after that your mother can sell it to whomever.

Kindly note selling property is tricky job be careful
Adv.Misthi Mukherjee
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Offline adv.amarnath

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Re: How to Sell Late Father Property
« Reply #2 on: April 09, 2017, 09:28:36 AM »
1. Do we need succession certificate to dispose off the property or Letter of administration
Ans: Succession Certificate is for liquid money not for immovable property. Letter of Administration is a case where there is no Executor of WILL. So, both are not applicable in your case.

2. Do we need to transfer the property to my mother's name first or we can directly sale . If yes how?
Ans: No need to transfer your share to your mother to make her sole owner for sell out.

As per Hindu Succession Act, Sec.8, when a male died intestate, after his last breath his heirs (you and your mother) become joint owners. There is no requirement of any certificate or approval for your ownership by the law of inheritance.

ADVICE - Simple sell out the property jointly to third party. Recital of your title properly in the Deed of Conveyance  is enough for valid sale.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline preetank2010

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Re: How to Sell Late Father Property
« Reply #3 on: April 29, 2017, 11:16:02 AM »
1. Do we need succession certificate to dispose off the property or Letter of administration
Ans: Succession Certificate is for liquid money not for immovable property. Letter of Administration is a case where there is no Executor of WILL. So, both are not applicable in your case.

2. Do we need to transfer the property to my mother's name first or we can directly sale . If yes how?
Ans: No need to transfer your share to your mother to make her sole owner for sell out.

As per Hindu Succession Act, Sec.8, when a male died intestate, after his last breath his heirs (you and your mother) become joint owners. There is no requirement of any certificate or approval for your ownership by the law of inheritance.

ADVICE - Simple sell out the property jointly to third party. Recital of your title properly in the Deed of Conveyance  is enough for valid sale.
Thanks for the suggestion.

Offline preetank2010

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Re: How to Sell Late Father Property
« Reply #4 on: April 29, 2017, 11:17:06 AM »
First get the legal heirs certificate done, than do the mutation of property in your mother's name after that your mother can sell it to whomever.

Kindly note selling property is tricky job be careful
Thanks. So in Short , I don't need succession Certificate. All I need is Legal Heir Certificate.

Offline adv.amarnath

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Re: How to Sell Late Father Property
« Reply #5 on: May 01, 2017, 09:31:26 AM »
In law there is no where a provision of Legal Heir Certificate as Law succession is automatic devolution. People are confused with Legal Heir Certificate and Succession Certificate
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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