Transfer of property
Harsha
(Querist) 27 October 2015
This query is : Resolved
Hello,
My father owned a house in his name in Mysore. Recently he sold the house. The transaction is not fully complete, just sale agreement is done in his name. The sale agreement is not registered. Unfortunately last week he died. Now what is the procedure to complete this transaction. Do we have to get the house transferred to my mother name or myself and then sell it.What all documents are required for this. please let us know the procedure and how much time it might take to complete all the process.
Anirudh
(Expert) 28 October 2015
1. Whether your father received the total consideration from the buyer or not?
2. Whether any balance consideration is receivable from the buyer? Whether the buyer is ready and willing to pay the balance?
3. Who are all the legal heirs of your deceased father?
P. Venu
(Expert) 28 October 2015
The property requires to be mutated in the names of all the legal heirs. They can execute a family settlement as well.
alexander
(Expert) 28 October 2015
You state that " He sold the House". This would mean that in return for the price of the house received he sold his right of possession/ occupation of the said house to the buyer. If your father has received the full consideration and signed the Sale deed then the Sale is complete except that all the Immovable properties over Rs 100 in cost have to be compulsorily registered
If he has only signed the Agreement to sell and received some token advance then the deal could be called off by the legal assigns/heirs by returning the advance money as legal heirs are now the de facto and de jure owner of the property
Rajendra K Goyal
(Expert) 28 October 2015
If the legal heirs of the deceased are interested in completing the deal, they can execute and get the sale deed registered
Kumar Doab
(Expert) 28 October 2015
First of all get the property mutated in the name of all legal heirs.
K.S.Srinivas
(Expert) 29 October 2015
I agree with the advice of Sri Alexander.
T. Kalaiselvan, Advocate
(Expert) 01 November 2015
If the buyer is ready and willing to pay the balance sale consideration amount, you alongwith all other legal heirs may jointly execute a registered sale deed in his favor, the other formalities are not necessary if the buyer is satisfied about the marketable title vested on the legal heirs. After purchasing, if the buyer needs help from vendors to execute a NOC in the capacity of legal heirs for mutating the revenue records on his name, it can be done.
