Yogesh Rajput (Engineer) 05 August 2013
Hi, I have a flat co-owned with my father. He has expired 3 years back. I would like to know if I need to sale the flat, then Release deed is sufficient or do I need to apply for succession certificate. Also I have a minor brother, so what else I need to do in case of release deed. Can he stake a claim once he is 18 years. I have taken a loan on the flat in my name. My father has not left any will behind.
Also what is the process for release deed.
Thanks,
Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 05 August 2013
Mr. Yogesh,
You have not specified with regard to other legal heirs of your father. Pursuant to death of your father, all the legal heirs of your father including you will step into the shoes of your father's share and they all are required to execute and registere a Release Deed in your favour.
Bharatkumar (ADVOCATE ) 05 August 2013
Your father is expired thenafter his legal heirs right on this property and all legal heirs name enter in society/government records if any legal heirs are minor so you can get a succession certificate from court and thenafter you sale this property another person. All legal heirs consent is necessary for sale.
Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 05 August 2013
Dear Yogesh.
If any legal heirs are minors then it is required for you to obtain prior permission from District Court to transfer their share in your father's property in you favour by way of executing a Release Deed.
A.SUMATHY 9380902017 (LAWYER) 05 August 2013
All the legalheirs (All the sons and daughters and wife of the your father) of the your father have right your father's share of the property.
You have to obtain release deed from all the leagal heirs.
If some of the the legal heirs is minors you have obtain clearance from Your District court.
Please contact advocate in your near for further assistance.
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