The property is in joint name of my now deceased husband and myself. I want to sell: 1. Do I need consent from my 2 children ( adults) 2.Do I need to file for succession...the title deed has both names and since the passing away of my husband I have been paying 100% property tax. 3.Do I need to get property mutated in my individual name before sale
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1) i presume your husband died intestate
2) on his demise your 2 children would also be his legal heirs having 17 %share each in property
3) you need their consent to sell the property
4) obtain letters of administration from court in the name of legal heirs
5) if your children do not want share they can execute consent affidavit relinquishing share in property in your name
6) apply for mutation of property in your name
Yes he died intestate. Is succession certificate mandatory or necessary by law or is just required by the buyer to satisfy his queries and can be avoided. Since letters of relinquishment are being given by the children
1) succession certificate is only in respect of movable properties
2) you would need letters of administration from court in respect of immovable property
3) although it is not mandatory in Delhi it is always advisable to obtain letters of administration from court to avoid legal complications in future
4) if children are willing to execute deed of relinquishment get the document duly stamped and registered
5) then apply for mutation of property in your name
1. succession certificate is mandatory because such property has already devolved upon his legal heirs, and succession certificate is mandatory to identify his legal heirs.
2. permission of legal heirs is necessary for valid sell because all have vested interest in the property.
1. The share in the property of your deceased husband shall devolve on all his legal heirs consisting you, your children and his mother (if alive).
Hence all the other legal heirs have to execute a registered release deed relinquishing their rights unto you which will make you an absolute owner to sell the property with full marketable title.
2. You can apply for legal heirship certificate from the revenue department with your jurisdiction by producing the death certificate along with the application.
succession certificate shall be provided by court if you file a case seeking the same and it shall be applicable for the movable properties lying on his name at the time of his death.
3. After getting the property rights fully on your name, you can apply for mutation of records which would hold you as an absolute owner to the property with marketable title to enable you to sell the property properly and legally.
Yes he died intestate.
Is succession certificate mandatory or necessary by law or is just required by the buyer to satisfy his queries and can be avoided. Since letters of relinquishment are being given by the children
Succession certificate is not required for immovable property.
Legal heirship certificate issued by the Revenue department is the proper document for this purpose.
Relinquishment letter without being registered is invalid and will not confer title of the property on yor name.
This deed has to be executed and registered with the SRO to make it a legally valid document upon which you will become an absolute owner to the property.
1. The share of your husband devolved through succession on you and your two children. If your child have attained the age of majority then you require their consent to sell the property in entirety as they have an indefeasible share therein.
2. It is always better to mutate the property through mutation of inheritance before selling it as the seller may ask you to produce the mutation certificate.
