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Sagar Dayaram Mhaske   28 July 2023

Can i sell my parents house without legal heir certificate?

Can I sell my parents house?
I am his only child. I have no sister and no brother. My father died in 1999 and mother died in 2022.
While buying the residential house, it was registered in the name of mother and father. After the death of the father, it was transferred to the name of the mother. Nomination form of my name is also filled. The society has filed my name on the share certificate.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 July 2023

You can obtain the death certificate of your parents and a legal heir certificate and then you can get mutation on your name and then sell.

T. Kalaiselvan, Advocate (Advocate)     30 July 2023

The legal heirship certificate will be insisted upon by the concerned registrar to register the sale deed to be executed in favor of the prospective buyer besides the copy of the death certificate and the original sale deed standing on the names of the joint owners. .

Please note that the society's share certificate is not a title document hence there is no relevance to it, you cannot claim it as an evidence to prove the list of legal heirs of the deceased property owners.

Therefore obtain the legal heirship certificate from the concerned revenue department 

 

Dr. J C Vashista (Advocate )     30 July 2023

Get the property mutated in your name before finalisation of sale transaction.


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