Sell property after death of owner
sam
(Querist) 05 January 2015
This query is : Resolved
Is it required to transfer the property to legal heir(e.g. spouse) after death of property owner to sell the property?
what are the steps to transfer ownership of property? Family has collected death certificate.
Kumar Doab
(Expert) 05 January 2015
Approach the local Suvidha Centre/Tehsildar/patwari necessary affidavit, death certificate and complete the process to get the names entered in mutation record and obtain the copy of Intkall....
Any local Lawyer can guide you and help to prepare the documents...
Anand Bali Adv.
(Expert) 05 January 2015
Dear Client,
The property is to be inherited by the all legal heirs in a certain ratio depending on the Private Laws of the religion. You are requested to please get a Surviving certificate from the Tehsildar or get a Inheritance certificate from the Civil court first after submitting an application there along with details of all legal heirs of the deceased person and his movable and immovable property, after a in house investigation and an public notice to that effect the concerned Tehsildar/ civil judge will issue the certificate which will help you to get mention your name along with the other legal heirs in the Title documents and on that basis you also can get muted the property in your name in the revenue records.
Please note that only mentioning of your name in the mutation record do not empower you as an owner of the property as it is not a title record but a record for the collection of the government revenue on the property concerned.
In case there are many first class legal heirs apart from you, you have to get signed a relinquishment deed in your favour by that they will relinquish their shared title claim in your favour and only after that you can sell off the property concerned.
Guest
(Expert) 05 January 2015
Well Advised by Experts
Anirudh
(Expert) 05 January 2015
1. Once a person is dead, the question of transfer of the property from him to anybody else simply does not arise.
2. In fact, if the person has died, the property will be inherited by his legal heirs (in this case the spouse).
3. If the spouse is the only legal heir, then the said spouse can effect the sale of the property by properly describing the status and relationship with the property in the recital. (The buyer should be convinced that the spouse is the only legal heir). In that case the spouse can execute the Sale Deed.
4. In case there are other class-I heirs besides the spouse, then in the recital the names of all the legal heirs have to be mentioned and all the legal heirs have to sign the Sale Deed.
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
I concur with the opinion about the procedure to be adopted explained in a simple and plain language by expert Mr. Anirudh, nothing more to add.
