• Sell property - no will

Hi 

My family owns a property in Delhi. My father, mother & only brother are the registered owners of the property. I am the only one that is not on the property
My father passed away suddenly and we dont have a will. We are now trying to sell the property and are not sure of the documents to make this sale. 
Since my mother & brother are on the property, do we need to anything for the 1/3 property?
Do we still need a succession certificate or legal heir certificate since
- I am ready to provide a power of attorney to my brother
- I ready to sign relinquishment deed.

We want to make sure the buyers can get the loan from the bank without any problems.

Please advice
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

on demise of father intestate your mother, brother and you are the legal heirs

2) it is advisable to obtain letters of administration from district court

3) you can execute consent affidavit to relinquish your share in the property

4) letters of administration would be obtained in name of mother and brother

5) succession certificate is only for movable debts and securities

6) LHC would not suffice

7) apply for mutation of property .

8) then your mother and brother can sell the property

9) purchaser would easily get the loan

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

After the death of father ,his legal heirs (You,brother and mother) have got absolute ownership over the property. If there is no will or any other document created with regard to the property then the right over the property equally distributed among you by way of succession. So you have 1/3rd right over the property.

If all the person want to sell the property then you have to write a sale deed in favour of purchaser and all the person should put the signature of that sale deed .You are not in station then you may create a power of attorney in favour of your brother for sale of your share. No need of creating relinquishment deed in this regard.

Death certificate of father and Relationship certificate from concern village officer is enough for sale of property along with possession certificate,Encumbrance certificate,prior deed and sale deed,Basic tax receipt

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. Yes, if you make a POA or Relinquishment deed in the name of the brother or mother.

2.onceyou do that they can sell the proeprty taking into account of your 1/9th share as well.

3.Another option is you can join in the sale deed as one of the sellers and sell the proeprty along with your brother and mother which would save extra costs towards POA or release deed.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Since your father is reported to have died intestate, you may require a legal heirship certificate issued by the revenue department to establish number of actual legal heirs.

You may relinquish your rights by executing a registered release deed in their favor

After that they both may transfer the revenue records totally on their names alone.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

1. you have now become the owner of 1/3rd share of your father's 1/3rd share of the entire property.

2. For selling the entire property, your signature is also required.

3. You can either execute a POA in favour of your brother or mother for selling your share of the said property or execute and register a Relinquishment Deed before the Registrar duly relinquishing your right, title and interest on your share of the said property.

4. However, you can get the POA notarised by the appropriate officer of your local Indian Consulate if you can not come to India for that purpose and the said notarised POA will be valid in India.

5. If you can come to India, then it will be prudent on your part to sign the sale deed of the said property along with its other owners avoiding all the interim steps suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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