• Inherited property with no will

We have a piece of land in Andhra. Couple of years back both my parents passed away. Now my brother and I would like to sell off the property but the documents are in my late father's name. There is no will and my brother and I are the only siblings. What needs to be done from legal side? Can it be done in Bangalore or do I need to go to Andhra? How should I go about with this situation

Thanks
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

1.Since there is no Will, it s good for both f oyu.

2.On the death of your parents you and your brother being the only legal heirs inherit their full share in the proeprty and hence both of you can jointly sell the proeprty without any hindrance.

3.there is no legal impediment in this.If you think beofre selling you can mutate the property in both of your names to remove doubt of your inheritance , if any.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. Since your parents died intestate (without executing WILL), you can obtain Succession Certificate from the Court stating that only 2 of you have succeeded to the estate of your late parents and based on the succession certificate both of you can sell the property. The Succession Certificate can be obtained in the jurisdictional competent court in Andhra Pradesh.

2. Alternatively get legal heirs certificate from the Revenue Authorities by producing your father's death certificate and produce the legal Heirship Certificate to the jurisdictional revenue Authorities in Andhra Pradesh and get both the brothers names mutated in the revenue records and after this procedure both brothers can sell the property.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

First of all you should mutate your name in the revenue record thereafter you can sell it.  when you  father is died without making a will then his property will be default upon his legal heir according to the rule of inheritance and survivorship. Actually property has devolve in your name immediately after death of your father but it has not been mutated in your name therefore you should prefer and application before the collector for mutation of your name. You have to produce death certificate of your father for such mutation. You have to file application for mutation where the property is situated therefore you cannot get mutation from Bangalore.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

After the death of father, his legal heirs become the absolute owners of the property.

The sale registration proceedings can be done only at the jurisdiction of the Sub registrar office where the property situated .

You brother and you can sell the property directly to buyer by obtaining death certificate from the Authorities and relationship / legal heir ship certificate from the Revenue Authorities.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Apply for and obtain letters of administration from district court

2) apply for mutation of property in name of legal heirs

3) if there is no objections received mutation would be done in your name and that of your brother

4) enclose parents death certificate

5) receipt of payment of property taxes till date

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Obtain a successful certificate and get this property mutated in the name of yourself and your brother.

You're free to sell this property there upon.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. After the demise of your parents you and your brother should apply for mutation to be done in your favour as you are the legal heirs.

2. Since your father passed away intestate his property has devolved on both of you equally. After the mutation is sanctioned you can sell the property by executing the sale deed in favour of the buyer.

3. It can be done only in Andhra i.e where the property is situated.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You will have to immediately obtain a succession certificate.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The succession certificate can be obtained at the place where the land is situated i.e., AP. It is an easy thing taht is to be done and it will take approximately 6 months for you to get the same.

Contact a local lawyer and please bear in mind that presence of both of you will be required.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The property left behind by your deceased parents shall devolve equally on all their legal heirs.

First you obtain legal heirship certificate, after which along with death certificate of the owner of the property, submit an application to the revenue department for transfer of revenue and all other records pertaining to this property on your names.

The application for transfer of revenue records to be signed by all the legal heirs.

After the transfer you can sell the property jointly or can even partition the property.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Contact a local lawyer.

NOC will be required from all the legal heirs.

A case will be filed in the lower court.

4-5 months will take for you to take the succession certificate from the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

succession certifcate is only for movable debts and securities

2)for land you would need letters of administration from district court

3)you have to file testamentary petition in district court or HC having jurisdiction

4) enclose death certificate of your aprents

5)pay the court fees. notice would be issued to all legal heirs

6) LA takes around 6 months if there is no objection from other legal heirs

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

A succession certificate, issued by the court after necessary investigation, establishes who the legal heirs are and grants them the authority over the debts, securities and assets of the deceased. It also mentions the relation of the petitioner with the deceased, details of other surviving legal heirs, the time, date and place of death of the deceased and that the deceased died intestate.

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased.

Application: A petition needs to be filed with the district court or high court within whose jurisdiction the asset is located.

Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908.) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity

thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

Details: The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.

Process: The certificate is granted by a competent civil court after you file an appropriate petition mentioning the details of legal heirs, property etc. The court will thereafter issue notices to all the legal heirs to attend the proceedings. The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

For issue of succession certificate, first you file a petition with the district court or high court within whose jurisdiction the property or asset is located. Mention the name and relationship of the petitioner with the deceased person. Also mention names of all heirs of the deceased, details about time, date and place of death in the petition. Also produce a copy of the death certificate. The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one disputes or contests your petition on the expiry of this period, the court will pass an order for issuance of succession certificate. The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate. The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered. In addition to the court fee, the lawyer's fee also needs to be taken into account.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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