LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nishant (abc)     04 October 2024

Can legal heirs sell the property with mutual consent to third party without getting transferred

Owner of the property has died intestate

legal heirs (Class I) position is as follows

Mother / father of the diseased (not alive)

Spouse (not alive)

five children

4 daughters and one son (three  daughters and one son is alive)

 

Question to the forum is

  1. Is it mandatory to first get the varis parman patra (legal heir certificate) from the Tehsildar where the propery is located in the name of all the legal heirs
  2. if remotely residing legal heirs prefer to give NOC in one of the legal heir and that legal heir transfer the propery to some third party by doing sale transaction without first getting in his / her name
  3. is the procedure same across india or differ from state to state
  4. what is the best thing to do in above case   Thanks a lot to esteem members in advance

 

 

 



Learning

 8 Replies

P. Venu (Advocate)     04 October 2024

The buyer willing, the legal heirs can sell the property.

Nishant (abc)     04 October 2024

Thanks Shri P Venu ji,

 

what document will be required iro of daughter (not alive) of the diseased

kavksatyanarayana (subregistrar/supdt.(retired))     04 October 2024

All the legal heirs of the deceased property shall execute the sale deed.  If a legal heir is deceased his or her legal heirs will also come for their mother/father's share.

T. Kalaiselvan, Advocate (Advocate)     04 October 2024

1.Yes it is mandatyory to obtain a legl heirship certificate in respect of the identified legal heirs of the deceased property owner.

2. The shareholders cannot relinqusih their rights in the property by just executing an unregistered NOC in favor of other shareholders., they have to execute a registered release deed relinquishing their rights in the property.

3. You have not stated  which state you belong so that proper opinion cn be rendered.

 

 

2 Like

Dr. J C Vashista (Advocate )     05 October 2024

Originally posted by : Nishant

Owner of the property has died intestate
legal heirs (Class I) position is as follows
Mother / father of the diseased (not alive)
Spouse (not alive)
five children
4 daughters and one son (three  daughters and one son is alive)
 
Question to the forum is

Is it mandatory to first get the varis parman patra (legal heir certificate) from the Tehsildar where the propery is located in the name of all the legal heirs
if remotely residing legal heirs prefer to give NOC in one of the legal heir and that legal heir transfer the propery to some third party by doing sale transaction without first getting in his / her name
is the procedure same across india or differ from state to state
what is the best thing to do in above case   Thanks a lot to esteem members in advance

 
 1. Yes, it is mandatory.
 2. Only titleholder (owner) can sell the property, accordingly the intestate property left behind by deceased shall have to be transferred in the name of surviving members before it is offered for sale.

3. It is applicable through out India (including UTs of Jammu, Kashmir and Ladakh).

4. Contact and engage a local prudent lawyer for proper and professional guidance and necessary proceeding.

 

Nishant (abc)     07 October 2024

Thanks a lot  all members. the matter is of Noida (Uttar Pradesh)

 

 

T. Kalaiselvan, Advocate (Advocate)     07 October 2024

You are welcome for your appreciations and understanding.

LCI Thought Leader Sanjeev Duggal Advocate   07 October 2024

   It is mandatory  to first obtain  Legal Heir  cerificate  and get  the property  transferred  to their  name  as per law . Legal heirs do automatically  become  the owner  in case  of intestate  . The process of law  to  be follwed   

Sanjeev Duggal 

Advocate 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register