Apply to society to transfer flat in name of legal heirs

2) enclose legal heir certificate

3) after flat is transferred in your name then only sell the flat

4) you can use registered GPA executed by other legal heirs

To transfer your husband's self acquired properties in your name exclusive, the other legal heirs will have to execute a release deed in your favor.

Alternatively, they can give you a GPA as well so that you may sell this off on their behalf as well.

Dear client

You can only sell ur share as the shared if your daughter and grand daughter if minor cannot be alienated till they attain the age of majority. You are only the legal custodian/guardian of their share and cannot sell.

Adv vikas

Your lawyer will draft release deed where your daughters , grand daughter relinquish their share in property

It should be duly stamped and registered

You will have to apply for a succession certificate or letter of Administration from Civil Court in order to get the names of the legal Heirs in the property owned by your deceased husband.

After getting the succession certificate or letter of Administration you can get a relinquishment or gift deed executed in your favour from your daughters as well as grand daughter and can sell the property on your own.

Alternatively, the sale can also be made by way of power of attorney but most of the buyers would be reluctant to buy properties based on power of attorney as it can always be challenged in court, even if it is a Irrevocible power of attorney.

This is my response to you:

1. Obtain the succession certificate;

2. This helps in the sale of immovable property;

3. Also all the legal heirs of Class I are entitled to a share;

4. So they can give their NOC through a release deed in your favour;

5. And once you become the sole owner then you can sell the flat to prospective buyers;

6. Consult a local lawyer and take the step forward.

Since your husband is reported to have died intestate the properties left behind by him shall devolve equally on all his legal heirs which include you and your children and the legal heirs of the deceased daughter too.

The legal heirs of your deceased daughter would include all her children including her husband (if living).

If you want the properties to be transferred to your name then all the legal heirs have to execute a registered release deed in your favor relinquishing their rights in the properties.

If that is not possible then all of them can jointly execute a registered GPA to your name authorising you to sell their share of properties on their behalf.

What is the procedure to obtain a release deed ?

They have to prepare a joint or individual release deed and get it registered before the jurisdictional registrar's office.

Dear client

Get the Rdeed drafted by a deed writer on a 100/- rupees stamp paper then book an appointment with the registrar office go there on the day fixed with the releasors and the realesee with 2 photos each per pax and two competent witnesses and get it regustered.

Adv vikas

1. In the properties left by your husband only his legal heir has share include his grand daughter.

2. So the assets of your husband is inherited by three of you in equal undivided shares.

3. So if you want to sell this property then all three of you can sell these properties jointly.

4. Another option is to make a mutual deed of partition to amicably divide the proprieties or to make one of you its sole owner by making a gift deed.

1. EXECUTE a Sale Deed, of the deceased's property and "ALL" the residual Legal Heirs must jointly sign as Confirming Seller Party, to truncate out any legal disputes in future.

2. With the above procedure there is no need to transfer the property in your own name and no other documentations shall be required.

Keep Smiling .... Hemant Agarwal

The flat can be first mutated in name of all the legal heirs and further to sell the property all have to sign the sale deed in favour of buyer. They can do this through a power of attorney also they can give you power of attorney to transfer there share to buyer and receive consideration.

Mam release deed is not required if you are selling it as seller can be all legal heirs in favour of buyer why to pay additional stamp duty for relinquishment deed. You all can jointly sell the property to the buyer and either in person or through Power of attorney they can sign the sale deed.

Hello,

The release deed will be drafted by a lawyer which will be registered in the office of the registrar.

get in touch with a local lawyer for the same.

Regards

Getting release deed from other legal heirs and subsequently getting the land mutated on your name is the best option for you at this juncture.

Regards

Husband died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow, his children and also his mother (in case she is alive). First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate. After making enquiries, the Tehasildar will issue the legal heir certificate. On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name. However, you want that the property should be registered in your name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of you. The Relinquishment Deed will involve very small stamp duty and registration fee. Once such a Relinquishment Deed is registered, then you can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in your name.