You'll have to file a petition for obtaining succession certificate from Civil Court in order to inherit the property of your deceased father, who died intestate
My father (Indian Muslim) who owned property in India died in Sri Lanka and did not leave a will. My siblings and I (residents of India and Sri Lanka) wish to dispose off this property and share the sale proceeds. What is the process involved and what documentation is required. We are in possession of the Property Deed written in Tamil in 1943. Appreciate your advice. Mrs Nazeera Ismail Email: [deleted]
You'll have to file a petition for obtaining succession certificate from Civil Court in order to inherit the property of your deceased father, who died intestate
Hello,
You will have to get a legal heir certificate from the court and thereafter on the basis of the same you may sell the property and share the funds thereafter.
Get in touch with a local lawyer of the place where the property is situated.
Regards
Dear Client,
All heirs will inherit property equally. Apply for legal Heir certificate at local tehsildaar office where father had permanent address.
Siblings resident in India can receive the sale proceed and sri lanka (NRI) short term capital gain, TDS applicable will be 33.99%. When father expired ? if 3 years back than Long term capital gain tax will be 22.66% on sale proceed more than 50 lacs.
And sale proceeds must be credited to the NRO account. Entitled to repatriate up to USD 1 million
Since your father had died his property will go in equal share amongst his Class-I heirs Sons and daughters.
succession certificate is the key document that you need. For a succession certificate, you need to apply to a magistrate or a high court. Usually, courts have a separate cell that issues succession certificates.
1. First of all you shall have to obtain the legal heir certificate from the ward counselor of your local Municipal Corporation to show on record who are the legal heirs of your father.
2. You shal, also have to ensure that your siblings who now resideat Srilanka have OCI Card to prove that they are tghe OverSeas Citizen of India or Citizen of Indian Origin.
3. Thereafter all of you can execute and register a Sale Deed in favopur of the buyer memtioning your PAn cARD NO. (being an Indian Citizen) and OCI card no. of the others. The death certificate and also the legal heir certificate will be required while registering the said sale deed in connection with your deceased father's property.
4. Engage a local lawyer having expertise in this field.
Sir the death certificate of father and family ration card and I'd proof along with affidavit and application can be given the property shall be mutated to all the legal heirs in revenue/city survey reports then the said property can be sold by all legal heirs mutually.
1. either you or any one from your siblings can make an application to the High Court for grant of LA [Letters of Administration]
2. the petitioner in above LA petition will be appointed as an administrator by the court if all legal heirs have given their consents for it
3. then the administrator can transfer the shares of the legal heirs by executing transfer deeds in their favour and registering these deeds
4. since you wish to sell the property, the administrator can directly transfer the property to your buyer and you and your siblings will become confirming parties in the transfer deed between the administrator and buyer
5. the buyer will pay and your siblings the consideration under the above transfer deed as per your respective shares or as per mutual arrangement between the siblings
Hi, a sucession certificate has to obtain from court in order to sell the property further..The legal heirs will jointly file the application for succession certificate
You can apply for mutation of property in name of legal heirs
2) enclose father death certificate
3) latest receipt of payment of property taxes
4) if no objections are received mutation would be done in name of legal heirs
5) then only sell the property
1) You an distribute property as per Muslim law and get register with registrar as legal heirs of the property.
Since your father was an Indian, the Muslim personal law of inheritance applicable to India shall be the guidelines for disposal of the said property.
Thus all the legal heirs of your deceased father shall have to execute the registered sale deed in favor of the buyer.
If your mother is living even she has to execute the sale deed along with other legal heirs.
You have to obtain death certificate of your decesed father and legal heirship certificate in India.
If your father had settled down in Sri Lanka long back then you may not be able to get legal heirship certificate in India, hence you may draw a family tree or genealogical certificate to establish the legal heirs of the deceased.
Besides title document you may also procure the revenue records in respect of the proeprty to support the genuineness of the property..