Sell and transfer of property

If your father didn't prepared a Will, then the assets are to bedistributed equally among the legal heirs. The line of legal heirs is clearly defined under Succession law, in your case the Hindu Succession Act,1956.
If there's a will, you'll have to file a petition for probate along with the will in question.Then only you'll be able to transfer property in her name
For any other queries feel free to contact me at isidjain1@gmail.com

Which personal law applies in your case?

Are you all Hindu?

The said property is under jurisdiction of which authority e.g; MC?

Have the deceased i.e. your father left any valid WILL?

As per your post IT is not clear if there are other sons, daughters of the deceased father!

Confirm!

Succession opens on date of death.

Obtain death certificate, legal heir certificate/affidavit per applicable local rules/laws/codes/precedence.

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in other areas. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

 

The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; ‘Testate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction.

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

 

Check locally and comply with procedure of ‘Intestate Succession’ or ‘Testate Succession’ as applicable in your case.

Thereafter obtain copy of updated mutation records.

Thereafter the legal heirs shall attain rights equal to that of owner and can act like owner…

The legal heirs can dispose their share in favor of your mother by a valid/registered deed say; relinquishment/gift/sale/settlement deed etc …and thereafter submit for updating in  mutation records and get updated copy…

Thus the mother shall become sole owner…