Sales deed

In the sale deed, you can mention the death of your parents and as only a legal heir selling the property.

Since your father, co-owner" of the subject property is already died without leaving any of his "other" LR (other than yourself) his share will also devolve upon you. Accordingly you can sell it. 

Dear Shailesh,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is NO. You need not amend the sale deed.

A sale deed is a legal record or document that is used to certify the sale or transfer of a property from the seller to the buyer. It is a valid piece of evidence that can be used to assert ownership over the property and is also necessary for further sale of the said property. The laws and regulations regarding the sale deed are mentioned in the Registration Act, 1908.

It is possible for two or more people to combine their resources and buy a common property under one sale deed. They will be the co-owners of said property once the transaction is complete. Unless the co-owners have created a written agreement that states the share each party will have on the property, the shares of each party will be proportional to the amount of money they had put in for the purchase of this property. If during such a scenario of co-ownership one of the co-owners passes away, their share of the property passes on to their legal heirs or to some other person as specified in their will.

The Hindu Succession Act, 1956, describes in detail on who may be the legal heir to a person dying intestate. As per section 8 of the same, the son is a Class I legal heir to a male dying intestate.

Therefore, since your father died intestate, the ownership of said property has automatically been transferred to you and does not require any additional amends to the sale deed.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil

Thank you All for your reply. Appreciate the help.

You are owner only to half the extent and the remaining half as a legal heir you have to get it transferred to your name, for that you may obtain legal heirship certificate and apply for transfer of revenue records to your name by which you will become an absolute owner of the entire property with clear and marketable title and then you can sell the property in favor of the prospective buyer.

Thank you for the reply. To add to this, I have already updated the property tax records of the municipal Corporation and the title is in my name. So, the old sales deed having deceased name will not have any issues while selling correct? 

Updatin property tax in municipal records shall not affect transfer of property in your name.