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Joydeep (sfdfd)     07 August 2012

Procedure for transferring property after parents expired

We are three brothers. Both our parents passed away last July. There is no will. Since none of us live on the property, we want to sell the property immediately. The property is also not partitioned in our names. We plan to sell the property and split the sales proceed amongst the three of us. 

What is the legal procedure for trasferring property to our names as co-owners? 

Do we start with mutation?

Thanks,

Joydeep

 



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 August 2012

Start with legal heir certificate... first of all obtain the said certificate and then apply for mutation of the property in your names as legal heirs.

Kundan Kr. Singh (Advocate)     07 August 2012

Hello Mr.Joydeep.

 In your quary you have not mention where is the property and nature of the property.

you are willing to sell the property sell the property and equally divide the money this is easy . No dispute no worry.All brothers sign on Sell deeds.

Joydeep (sfdfd)     07 August 2012

Dear Madam: Thank you for your prompt reply. This is an ancestral property inherited by my father from his father. The property is currently in name of my mom and dad. Will the legal heir certificate still apply or should we apply for a succession? Or do we need to apply for succession certificate and the legal heir certificate?

Thanks,

Joydeep

Adv Archana Deshmukh (Practicing Advocate)     07 August 2012

For immovable property legal heir certificate is required. Get the property mutated in your names on the basis of LR certificate and then, you all can sign the sale-deed.

Joydeep (sfdfd)     07 August 2012

Dear Archana: Thank you for the detailed information. Really appriciate the help. - Joydeep

Dr. D. Selvaraj (consultant )     08 August 2012

Dear Archana Ji,/ and other Legal experts,

I am unable to understand the meaning of "Mutation of property on the basis of LR"

In my case the property was in my mother's name. It is not an inherited property, but purchased by my father in the name of my mother. We have three brothers and one sister. As all 'have left our native place few decades back and settled down in different places -  Chennai, Mumbai and New Delhi, we are finding it difficult to procure a legal heir cer tificate. All my brothers and sisters have children above the age of 18 years. One of our family friends who is aware of  all the family members is interested to purchase the property. Now my questions are (i) is it a must to have the legal heir certificate to register the sale deed (ii) Is is enough all the 3 brothers and sisters jointly sign in the sale deed in favour of our friend (iii) Whether all the children of my brothers and sister have to sign in the sale deed (some of the childen cannot sign as they are in abroad. (iv) What will be the position if the property is  transferred to my sister by getting our shareof money (v) What will be the position if the property is sold to unknown persons - in such a case we will get a good rate (vi) My father expired 30 years back and at that time we got a legal heir certificate in which the name of my mother, and all brothers and sisters's are there. Will this certificate serve the purpose of legal heir certificate for this purpose

I shall be thankful for your view please

 

Dr.D.S. Raj

deepal (director)     17 May 2014

i had a property in pitmapura which is in name of my father.father has expired last 2 year back with no will.now mother condition is also not good as she is heart patient & they also want me to transfer this property on my name.we are 2 sister both married but mother/sister also want me to be trsf this property on my name .trouble:-Property having not freehold as society has been.some dues.What procedure we will adopted  dealer confused about all this.pl help me what will i do


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