• Want to sell property

Hello,

I want to sell property (!RK Flat) in pune chinchwad, which was owned by my dad. but he passed away in April 2017 without WILL. Me and my elder sister (We both are unmarried) are the only hirers, my mother passed away on July 2014. Can i sell this property without transferring it on my name? If no, what is the detailed procedure? how much would it cost (The property price is approx 20lac)? How much time it would take.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

Dear Concerned,

This property will get transferred to your and your sisters name automatically by way of succession. You need to first get the records updated in the Revenue Records by furnishing the death certificate and also an NOC from your sister giving up her right on this property. Post this NOC the property will be transferred to your name only. You would be able to sell the property after the above is done.

Best of luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

Since the property has devolved on you and your sister both of you can sell it as a unit. The sale deed will have to be signed in prospective buyer's favour by both of you. Get the mutation sanctioned in your favour before selling it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. Both of you can sell it without mutation of your names.

2. On death of your parents both of you become its owner by way of inheritance and change of name is not compulsory.

3. SO if in the sale deed both of you sign the dale would be complete.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

After the death of father the right over the property inherited to his legal heirs . So you and your sister are the owners of the property by way of succession. So you can sell the property to buyer by executing sale deed . The relationship certificate and death certificates are the necessary documents for a valid transaction of the property so apply the same.No need to to transfer the title in your name for selling the property.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1) you have to transfer the flat in your name and that of your sister

2) you have not mentioned whether your father left any nomination form

3) apply to society for transfer of flat in your name . enclose nomination form filed by your father with society

4) enclose father and mother death certificate

5)society would transfer flat in your name and that of your sister on submission of indemnity bond

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

If you both are willing to sell this property jointly then you can first obtain legal heirship certificate from the local revenue department mentioning the names of legal heirs.

After that you may apply for transfer of revenue records in the joint names of you both so that the buyer can get it transferred to his name subsequently without any problem.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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