roy (retired) 04 December 2024
Sir,
We are three brothers and a sister. We have a parental house in Kolkata, West Bengal, which is in the name of our deceased father and our mother expired recently in October 2024. Now we wish to sell off the property.
Is it required to convert the ownership from our father to the siblings, or is there a more convenient option to dispose off the property, e.g. through individual affidavits of four siblings to the buyer. Please advice.
Thanks.
P. Venu (Advocate) 04 December 2024
The parents having expired, the ownership of the property has devolved upon the children who are the legal heirs. Technically, there is no legal infirmity in children jointly executing the conveyance deed. However, it is prudent and practical to have the mutations carried out in the revenue/revenue records before executing the sale deed.
kavksatyanarayana (subregistrar/supdt.(retired)) 04 December 2024
Yes. You and your siblings may jointly sell the property, but getting a mutation in your names in revenue records is better.
T. Kalaiselvan, Advocate (Advocate) 04 December 2024
You people may first obtain legal heirship certificate and then can sell the property jointly.
Since succession is open on death of the property owner, the legal heirs become the successors in interest to succeed the estates left behind, therefore on the basis of the legal heirship certificate the legal heirs have been established hence they can sell the property even without mutating the property to your names.
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