obtain fresh legal heir certificate in your name and that of your siblings
2) you can sell the property as patta has been transferred in name of 2 sons / daughter being the legal heirs
Legal heir and Patta
We two bothers and a sister inherited a house property which was constructed solely by my father. Before his death he had written a will saying after his demise the property belongs to my mother and his 3 children only. A legal heir certificate was obtained. Now my mother expired and the patta was made in mine, brothers and sister name. Do we require legal heir certificate for selling the house or the will, the earlier legal heir certificate which includes my mother name and Patta transferred to two sons and daughters would suffice Gururajan
Asked 8 years ago in Property Law
Religion: Hindu
5 Answers
My Question was whether patta transfer would suffice to sell. Can we skip legal heir certificate for the two sons and the daughter? Going again for legal heir certificate will take time and money
Asked 8 years ago
1. The patta and previous legal heir certificate is enough to show your title in the proeprty.
2. now no fresh legal heirs certificate is required to be obtained.
3.So you can proceed to sell the proeprty without taking the legal heir certificate.
1) purchaser would insist that you obtain LHC before he purchases your house
2) you cannot skip LHC
The Will and the legal heirship certificate obtained which includes yor mother's name and her death certificate should suffice and satisfy the buyer to buy the property.
If the buyer insists on the legal heirship certificate of your mother also then you may obtain that also from the revenue department
My Question was whether patta transfer would suffice to sell. Can we skip legal heir certificate for the two sons and the daughter? Going again for legal heir certificate will take time and money
Obtaining legal heirship certificate for the legal heirs of your mother will not take much time if you initiate action by yourself, but if you go through broker or agent then you may incur lot of expenses too.