Legal heir
V.R.S.Balaji
(Querist) 05 November 2013
This query is : Resolved
A mother executed a settlement deed for her property which was registered.
The settles were her 3 sons and one daughter. Subsequently the mother and her husband passed away. The patta was changed in favour of the 4 settles after the death of the mother A year later one of her sons died intestate and without any legal heirs.
Do the remaining legal heirs have to take a legal heir certificate for the deceased brother or is the settlement deed and the legal heir certificate issued for the father where it is mentioned that he has a unmarried son who died on this date enough to register property if it is sold to a third party
ajay sethi
(Expert) 05 November 2013
you have stated that patta was changed in name of 4 settles after death of mother . a year later one of sons died intestate .
if the son has died intestate you will need succession certifcate for sale of property .
no bank will grant loan for purchase of the property unless title is clear and marketable . on the basis of succession certifcate issued by court property should be trnasferred in name of other legal heirs .
