We have a house constructed on freehold land in Ghaziabad by my father about 35 years back. My father expired last year without writing a WILL or nominating anybody to inherit the house. We are two sisters and my mother is still alive. Since we want to sell our house, we hired a lawyer to understand if there is any legal complications. Though he mentioned that we can easily sell the house if all three of us are in agreement, which we are, he suggested that we get a Legal hier certificate(Varisname) from Tehsil. He further said that getting a succession certificate would be time consuming and the legal hier certificate along with death certificate of my father can be used during the sale provided all three of us sign the sale deed during the final transfer of house to the prospective buyer. We already have our father's death certificate.
However, during one of the sale negotiations, one of the buyer mentioned that the legal hier certificate issued by Ghaziabad tehsil will not help him get a home loan later since it mentions that it it valid for any transaction upto Rs. 5000/- only. We further consulted our lawyer and he confirmed again that this document is enough since this is the document mostly used in Ghaziabad. Our lawyer is an expert in property law in that area.
Can somebody suggest if this legal hier document is valid to sale our house which is still in our father's name and all three of us are in agreement to sell it ? Will there be any issue to get bank loan by the buyer after the sale ?
Thanks!
