• Sale of Inherited Property

Property is in the name of deceased(Hindu-female).Mutation is still in the name of the deceased. All property taxes and municipal taxes paid. Two legal heirs - son & daughter. No will or succession certificate from court are available, However, certificates from from Municipal Body is available regarding legal heir status. All other KYCs of the legal heirs and deceased(Voter IDs, PAN Cards,Ration Cards) are available.Whether the legal heirs can sell the property after executing Affidavits ?
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

1) legal heirs should obtain letters of administration from high court

2) it should not take more than 6 months

3) then apply for mutation of property in the name of legal heirs

4) then sell the property

Ajay Sethi
Advocate, Mumbai
97463 Answers
7880 Consultations

The legal heirs of the deceased property owner are the successors in interest to succeed the property left by deceased on her intestate death.

Therefore they can mutate the property in their names and sell the property to the prospective buyers

T Kalaiselvan
Advocate, Vellore
87665 Answers
2353 Consultations

1. The law of succession operates automatically without any formality.

2. In other words on the death of the lady her son and daughter automatically becomes the owner of all her properties in joint names provided their father has already died.

3. In that event there is no impediment in law to sell the proeprty jointly for which no affidavit is required.

4. However to establish in writing that except these two person there are no other legal heirs available, the buyer may insist on affidavit which they can make to avoid any doubt.

Devajyoti Barman
Advocate, Kolkata
23323 Answers
522 Consultations

The property has devolved according to law of succession on the children of deceased, which they are at liberty to sell, but they should apply for mutation of inheritance before sale.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

1. Yes, since the legal heirs certificate from the appropriate authority has been collected, the said legal heirs can sell off their inherited property by executing and registering the deed of conveyance before the Registrar.

2. No execution of affidavit separately will be required to be registered by the legal heirs before registering the said conveyance deed..

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

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