Selling property of deceased as a legal heir
Venkat
(Querist) 18 December 2023
This query is : Resolved
Dear Experts:
I am posting this here because it seems only experts can answer this accurately.
Brief facts:
I have only one sister. My father expired recently. He was not a government employee. My mother expired few years back. My father has an apartment and a villa in the city on his name. My sister is not at all interested in them and willing to sign anywhere necessary in order for the properties to be transferred in my name (solely).
What is the best procedure to accomplish this? After speaking to a couple advocates who gave varying advises and some research, I came up with the following strategies:
(a) File a suit for declaring me as the legal heir in court. I will have to pay about 6% of the property as court fee in this process.
(b) Get a relinquishment deed signed by me and my sister, get it registered in the sub-registrar's office and then take it to the municipality to transfer the property in my name. Seems I only pay 1% in this method to the municipality to mutate the property in my name and get the title transferred. However, potential buyers still need to see proof that me and my sister are sole legal heirs, so again I might have to file a "declaration of legal heir" suit in court and pay the same 6% court fee which makes it equivalent to option (a).
Would you agree with my assessment above? Any alternate, low-cost, low-effort advises? I would appreciate.
Thanking you in advance,
Venkat
T. Kalaiselvan, Advocate
(Expert) 19 December 2023
First you obtain a legal heirship certificate to prove that you and your sister are the only legal heirs to your deceased father.
You can apply for this before the Tehsildar within your jurisdiction by attaching a copy of his death certificate.
Then your sister can execute a registered release deed relinquishing her rights in the proeprty, after which you will become an absolute owner with clear and marketable title to sell the property
kavksatyanarayana
(Expert) 19 December 2023
Yes. I agree with the advice of the senior and learned expert Sri T. Kalaiselvan Sir.
Venkat
(Querist) 22 December 2023
Many thanks to learned experts Sri. Kalaiselvan and Sri. Satyanarayana.
Venkat
