• Transfer of rights to sell property

Thane, India. Property was in my fathers name who passed away. There is no will. This property is registered in Thane district. I have 1 sibling my brother and we have a mutual understanding. 
1) We want to sell the property, what is the procedure to get the selling rights. Society is still not formed.
2) Is mutation of name sufficient to get the selling rights
What is the shortest and the quickest way. Please advice.

Thanks
Asked 2 years ago in Property Law
Religion: Muslim

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15 Answers

a. You need to obtain the share certificates in the name of the legal heirs(get it transferred from your father's name to the name of legal heirs), i.e, you and your brother. Apply for obtaining the same with the society.

b.Get the mutation done after applying for and obtaining the succession certificate.

Once a and b are done, you are free to sell the property alone, after your brother gives you his POA with respect to his 50% stake in this property.

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

Dear Client,

On the basis of death certificate and son - father relation proof ( Ration Card, voter id ) apply for mutation of name in the municipal records in joint owner ship, - Possible

Yogendra Singh Rajawat
Advocate, Jaipur
20151 Answers
28 Consultations

4.5 on 5.0

First of all, get the succession certificate from the district court then you and your brother sell it. It will take 5 months maximum.

Sanjay Baniwal
Advocate, South Delhi
5333 Answers
13 Consultations

5.0 on 5.0

No, it is not necessary to get the title deed transferred in the name of legal heirs before selling off this property.

If the society has not been formed, no need for share certificates. Just get done the mutation. If your father has died without a will, you will either need a succession certificate or a legal heir certificate for mutation.

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

Hello,

Get a legal heir certificate from the local authorities.

After obtaining the legal heir certificate get the mutation done.

Anilesh Tewari
Advocate, New Delhi
17791 Answers
296 Consultations

5.0 on 5.0

You do not require to get the amendment in the title deed.

Only mutation will be sufficient to further sell the property since the society has not been formed, also no need for you to wait till formation of the society.

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17791 Answers
296 Consultations

5.0 on 5.0

Succession certificate required for movable property not for movable property.

Already advised on basis of death certificate and son - father relation proof ( Ration Card, voter id ) , voter id, etc, apply for mutation of name, if more documents needed to prove father son relation,Apply for legal heir certificate with concern Tehsildaar. ( enough)

There`s no need to get tittle deed transfer, ur right in the property arisen by law of inheritance, its not actually transfer on title but acquisition of share in father`s asset by law of inheritence.

Yogendra Singh Rajawat
Advocate, Jaipur
20151 Answers
28 Consultations

4.5 on 5.0

1)on father demise request builder to transfer flat in your name and that of your sibling

2) mutation does not confer title to property

3) it is only for payment of property taxes

4) obtain letters of adminstration from court in name of legal heirs

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

succession certificate is only for movable debts and securities

2) Legal heir certificate would not serve the purpose

3) you need to obtain letters of administration as father died intestate

4) court fees is maximum Rs 75000

5) it would take around 6 months if there is no contest

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

Respected sir...

The property of -A Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:

Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.-The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;

These are the provision under Hindu succession act...

Thanku

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

on the day of demise of your father, you two became the joint owners of the property. no further documentation is required in respect of any immovable property. as on date you two are the absolute owners of the property if your mother is not alive. if she is alive, she is also one of joint owners alongwith you two.

you may mutate your name for recording the name of present owners of the property but that will not give you any better title and/or right which you accrue upon demise of your father on succession.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Hi, obtain a succession certificate from court in favour of Legal heirs .. After getting the certificate, you will have a legal right to sell the property .. The certificate will be obtain within 1-2 months after filing of suit on court

Hemant Chaudhary
Advocate, Gurgaon
4564 Answers
39 Consultations

4.9 on 5.0

dear sir,

it is sufficient that if your name entered / mutated on property you can transfer the property.

thanks

Sadikali Sayyad
Advocate, Pune
7 Answers

4.7 on 5.0

The legal heirs are entitled to a legitimate share in the property left behind by the deceased owner who is reported to have died intestate.

If there are anyone else as legal heirs other than you both, the property has to be mutated on everyone's name jointly and can be sold jointly or individually if the property is partitioned subsequently.

T Kalaiselvan
Advocate, Vellore
66986 Answers
884 Consultations

5.0 on 5.0

If the society is yet to be formed then you can obtain legal heirship certificate and on the basis of Registered sale deed and death certificate of the owner, you can approach the revenue department for further necessary formalities in this regard.

If need be you may procure NOC from builder

T Kalaiselvan
Advocate, Vellore
66986 Answers
884 Consultations

5.0 on 5.0

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