I have a agriculture land in uttar pradesh in my father's name. After his death, in case of no will, can my mother sign on the documents to sell it . Is succession certificate or surviving member certificate is compulsory. Or can it be done in any other way?
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1. In view of intestate death of your father, his self acquired property devolves upon his mother (if alive), your mother, you and your siblings.
2. Based on legal heirship Certificate, all other legal heirs can authorise your mother through POA, to sell the property. Otherwise all the legal heirs can enter into a Family Settlement Deed and authorise your mother to sell the property.
The properties left behind by your deceased father shall devolve equally on all his legal heirs if your father is reported to have died intestate.
The legal heirs of your deceased father are the successors in interest to succeed to the estates left behind by your deceased father, therefore all the successors or legal heirs have to execute a joint registered sale deed to make the sale deed legally valid.
Your mother cannot sell the properties on her own, it is invalid and illegal.
All the other legal heirs of your deceased father have to either execute a registered release deed relinquishing their rights in the property or to jointly execute the registered sale deed in favor of the prospective buyer.
Mutation of land has to be done in name of legal heirs
obtain letters of administration from district court in name of mother
enclose consent of other legal heirs
- As per law, after the death of your father , his property would be devolved upon all legal heirs equally.
- Hence, your mother can sell only her share in the property and not others without getting release deed from other legal heirs i.e. children.
Dear sir,
Your mother can't sell those properties alone as legal heir certificate is must and all the heirs should sign the deed.
1. Your mother is not the only Class 1 heir of your father.
2. In case of intestate demise of your father, his land devolves on all his Class 1 heirs.
3. For your mother alone to sign the sale deed in favour of prospective buyer, the other heirs have to either execute a release deed to release their respective shares in her favour or execute a GPA to authorise her to execute the sale deed for and on their behalf.
4. Succession Certificate is required only for liquid assets, not immovable property.
She can't sell it without permission of all legal heirs. If no will then succession certificate required
Would the Legal Heir Certificate be sufficient for selling the land, in case of no dispute among legal heirs? If we do not go for a succession certificate would that be ok?
Succession certificate is only for movable property
2) for immovable property you need letters of administration from district court
3) legal heir certificate is not sufficient
In case of no dispute amongst the legal heirs, legal heirship Certificate will be sufficient to sell the land.
Succession certificate is not required to acquiring or transacting with the immovable properties left behind by deceased.
A legal heirship certificate issued by the revenue department would suffice the purpose.