Harish Bhadula 24 April 2018

Property transfer

My mother has died and left no WILL. Now we have shifted our residence and would like to sell this house which is in the name of her. My father also agreed to do this.
In this case how ti transfer property REGISTRY from her name to buyer name. And what documents required for this.

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 24 April 2018

After death of mother property passes to her sons not to her husband. First apply for mutation in your name as you her legal heir. Then you have right to sell that property. Assuming you are only son.

R.Ramachandran (Advocate) 24 April 2018

First you have to obtain a legal heir certificate by applying to the Tehasildar of the area in which your mother/father/and you used to live.

This will take 2-3 months.

Once you get the legal heir certicicate, based on that, both of you can sell the property, by both signing the conveyance deed in favour of the buyer.

Remember, Long Term Capital Gains tax needs to be paid on the capital gain that you get by selling the property.