• Selling property

My parents were resident in Goa in 2016 at the time of my mother’s death. They had an OCI. She died abroad and there is a death certificate.
How do I sell the property in Goa. There is no will. The heirs are my brother, father and myself.
I think I need a Deed of Succession. 
1. Can the heirs transfer ownership to me by why if affidavit drawn up in the UK?
2. What docs are needed for the Deed?
3. Do I need to be present at Court when Deed is out forward?
Asked 3 years ago in Property Law
Religion: Christian

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13 Answers

1.  Since your mother is reported to have lived and died abroad, you may not be able to get the legal heirship certificate in India, hence you may have to gather evidence about the successors in interest to succeed to the estates of your deceased  mother and file a declaratory suit in a civil court in Goa seeking to declare the legal heirs/successors of your deceased mother.  The proposed affidavit duly attested by a notary at UK/by Indian high commission at UK may be attached as an additional documentary evidence to prove the legal heirs of your deceased mother, before the court where you intend to file this suit. 

2. You may have to produce the copies of the documents identifying the individuals namely their passport/OCI cards or any other reliable government identity card reflecting their name and educational certificates having your decesed mother's name reflected in it. 

3. If you are filing a suit, it is pertinent that you are required to be present before court to adduce evidence  to establish your case.

 

T Kalaiselvan
Advocate, Vellore
87905 Answers
2368 Consultations

If the court is granting the decree declaring the names of the successors of your deceased mother to succeed to  the estates she left behind, then the other co-sharers have to execute a registered release deed relinquishing theirs rights in the property, in your favor, after which you will become an absolute owner of the property, by which you would be entitled to sell the property independently. 


Your question about the so called deed of succession itself is an incorrect or wrong query, however you were suggested with what can be done in it, if you cannot understand the suggestions then it is a pity on you.

T Kalaiselvan
Advocate, Vellore
87905 Answers
2368 Consultations

You can apply for and obtain letters of administration from high court or district court having jurisdiction 

 

2) other legal heirs can execute consent affidavit 

 

3) you need death certificate of deceased mother 

 

4) mention details of property in schedule 

 

5) pay the court fees 

 

6) it takes around 6 months 

 

7) succession certificate is only for movable debts and securities 

Ajay Sethi
Advocate, Mumbai
97703 Answers
7913 Consultations

As administrator you can sell the property 

 

contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
97703 Answers
7913 Consultations

You need to seek succession certificate to sell the same. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
33005 Answers
212 Consultations

 

You need not come to India to sell immovable property. Any immovable property can be sold, purchased or gifted  by person residing abroad through Special Power Attorney. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries  or even on white paper giving SPA to any of your relatives/friend to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Due to pandemic walk-ins to Consulate are suspended, you can get the SPA attested online. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be sold by person named. 

1. Property can be transferred through spa.

2. You need title deeds of Property. 

3. After executing spa your presence not required Court. 

4. Sale deed is executed before sub-Registrar, not in Court. 

Ravi Shinde
Advocate, Hyderabad
4516 Answers
42 Consultations

You would need a relinquishment or gift deed from the surviving legal heirs of your mother.

It needs to be mandatory registered after payment of requisite stamp duty.

Siddharth Jain
Advocate, New Delhi
6391 Answers
102 Consultations

Once the deed is registered at sub registrar office, you can sell the property. 

Siddharth Jain
Advocate, New Delhi
6391 Answers
102 Consultations

Dear Sir/Ma'am

File an administration suit at the Court having jurisdiction with the consent affidavit of your brother and father to make you the administrator of the estate.

As the administrator of your mother's estate, it is your duty to clear off any debts and to give a share to your brother as well who is also a legal heir.

 

Your mother's death certificate is the most important document. Additionally you will need ID proofs of you and your mother like passports, birth certificates etc.

 

It is advisable that you travel to Goa for getting the property to your name and for selling it, especially if the value is very high.

Also it would be advisable to engage a trustworthy property lawyer based in Goa to complete all the formalities for you so as to reduce any chances of fraud.

 

Thank you

Anik Miu
Advocate, Bangalore
10444 Answers
121 Consultations

1. take a registered release deed from the brother and father

2. also obtain an heirship certificate or a letters of administration 

3. the above has to be done through grant of a Special POA 

4. with the registered release and HC or LOA, you will be able to sell the property 

Yusuf Rampurawala
Advocate, Mumbai
7780 Answers
79 Consultations

- As per law after the death of your mother intestate , her property would be devolved upon all the legal heirs equally i.e. father , brother and you 

1. Yes, they can release their respective share after executing a release deed in your favour. 

2. Legal heir certificate may be required 

3. You can appoint POA in your favour , if not present in India. 

Mohammed Shahzad
Advocate, Delhi
14832 Answers
225 Consultations

1. You, your brother and your father are the legal heirs of the properties of your mother. Collect a legal heir certificate from the Counselor of the ward of your local Municipal Corporation.

 

2. Thereafter all of you can jointly sell the said property by registering a sale deed or get the property transferred in your name  by registering a Relinquishment Deed.

 

3. You shall have to be present before the Registrar while registering the Sale Deed of the Relinquishment Deed, as the case may be.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

1. All the legal heirs can also sell the property now.

 

2. Alternatively, they can relinquish their shares in your favour to enable you to sell the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

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