Hello sir I own a flat in Chennai which was jointly registered in my father's name. I purchased the flat in 2006, and in the same year my father passed away. I did not make a legal heir certificate. Now in 2018, I would like to sell the flat. Is it possible for me to apply and obtain an heirship certificate now? Kindly advise me on the procedure. Nitin Swamy
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You can apply for and obtain legal heir certificate after 12 years
2) since your father died intestate better apply for and obtain letters of administration from district court
3) enclose father death certificate
4) details of flat in which father had 50 per ce t share
5)it does not take more than 6 months
Dear Client,
You need to have get mutation done in your name first of all. It will be transferred to your name. Patwari will do this mutation.
1. it is not clear whether your father has left any other legal heir or not except you.
2. if yes the half share of your father devolves upon them along with you to make all of you as co sharer of the flat. hence to sell the flat you need signature of all of you.
3. If not then you alone become his sole legal heir and hence competent t to sell the flat.
4. To have proper proof of your sole heir ship it is advisable to apply for succession certificate which you would get from local court. Get in touch with an advocate.
Firslty, as you have stated that the flat was in joint name which means 50 percent share each for both.
Secondly, after the demise of the father of no will is there then you can get the remaining portion to in your name even after 12 years also.
Thirdly, it just that you need to get the legal heir certificate plus NOC from any other legal heir if any.
Yes you can obtain the same.
A petition in the court has to be filed, with NOC of all the legal heirs.
Get in touch with a local lawyer who may draft and file the same for you.
Regards
You can apply for legal heirship certificate before the revenue department.
If they refuse to furnish the same, you may approach court for relief and remedy
1. Who are the surviving legal heirs of your father? Under Hindu Succession Act the property of a Hindu male dying intestate devolves firstly on his Class 1 heirs i.e mother, widow and children.
2. If you are the sole surviving Class 1 heir then you may apply for mutation of inheritance in the office of tehsildar and then you will be at liberty to sell the flat, but if there are other heirs then they too will have to execute the sale deed.
Yes it's possible to get legal heir certificate through appropriate forum. It depends upon your Geographical separation like RDO court.
Required Documents : Death certificate, Identity Card or Ration card and Prescribed application form. Procedure : You can obtain a Legal Heir / Succession Certificate through your Taluk / Thasildhar or through the District Civil Court of your area.
Sir get the flat mutated in your name, though all the legal heirs of your father shall have right in the property (if any siblings mother ) so in that you have to relinquish deed in your favour otherwise they shall have share in the flat.
Yes you can apply for the same, it is issued by the tehsildar, so you have to go to the tehsildar of your area and get it done
This is my response to you:
1. You will need to make a succession certificate;
2. A legal heir certificate does not guarantee you sole ownership;
3. Therefore if your father has other legal heirs obtain their NOC and then you can sell the flat to the new buyer;
4. Till the time buyer does not get a perfect title he will not purchase the flat from you.
1) Does flat is transferred on your name all property papers i.e. Electricity bill, Municipal taxes, Society share certificate etc. than you can sell this flat.
Hello,
You should apply for the mutation to change the name . Once you do it you can sell your property .
Regards
The local revenue authority (tahsildar) is the competent officer to issue legal heirs certificate. Hope you are in possession of your father's death certificate. If you convincingly explain the circumstances under which you could not apply for the legal certificate earlier and seek condoning of the delay, the tahsildar may take a positive view and issue the certificate now.
