• Selling procedure for a property left by a deceased wife

The husband and the 3 sons and 2 daughters want to dispose of the property on which they reside and which was in the name of the lady of the house who is no more. What is the easiest and foolproof method of disposal of such residential independant house property. What all documentation will be necessary. They are hindu and all sons and daughters are married and have kids.
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

on demise of wife husband , 5 children would be the legal heirs

2) apply for and obtaion letters of adminstration from court in name of legal heirs

3) then apply for mutation of property in name of legal heirs

4) enclose death certifcate , LA issued by court , proof of payment of property taxes

5) if no objections are received mutation would be done in name of legal heirs

6) then you can sell the house

Ajay Sethi
Advocate, Mumbai
98469 Answers
8011 Consultations

1) sons and daughters can execute deed of relinquishment in favour of father

2) relinquishment deed should be duly stamped and registered

3) mutation done in favour of father

4) you can then purchase the property

Ajay Sethi
Advocate, Mumbai
98469 Answers
8011 Consultations

They need to obtain death certificate, legal heirship certificate containing the names of all the legal heirs of the deceased, the original sale deed document, tax receipts, the id proofs of all the legal heirs.

All of them have to execute a registered sale deed in favor of the buyer jointly by being present before the sub registrar's office on the stipulated date.

T Kalaiselvan
Advocate, Vellore
88671 Answers
2404 Consultations

he sons and daughters are ready for relinquishment deed in favour of father who can then sell the property to me. The wife was housewife and did not have any income and the plot cum house was acquired and constructed by husbands income. Will this procedure be OK:

1. Relinquishement deed regd by sons and daughter in favour of father.

2. Mutation of the property in the name of father in the ROCS office as it is Society plot.

3. Agreement to sale with father thereafter.

4. Sale deed registration.

If the children of the deceased lady owner are willing and ready to execute a registered release deed relinquishing their rights in favor of their father, then the father can mutate the property to his name and sell the same to the prospective buyer.

In fact the children can even execute a registered power of attorney deed in favor of their father assigning this task.

The POA agent on his behalf as well as on behalf of the principals can execute the registered sale deed in favor of the buyer.

T Kalaiselvan
Advocate, Vellore
88671 Answers
2404 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer