I have a piece of land in Faridabad which is on my Father's name. My Father died in 2012. We are family of 3 now, me, my elder brother and my mother. Now we want to sell this piece of land. Please help me understand all the legal process. It will be much appreciated if I also get some details about the amount of money I will be spending in completing all those legal work.
You ave one third share in the house
2) on father demise apply for mutation of property in name of legal heirs
3) enclose father death certificate
4) latest receipt of payment of property taxes
5) if no objections are received mutation would be done in name of legal heirs
6) you can then sell the land
7) legal fees vary depending upon the lawyer engaged by you
Sir get the property that is land mutuated in your name from Revenue / municipal office based on nature of the land. Further for mutuation application has to be preferred with office along death certificate and affidavit.
Once it is mutated in name of you 3 you can further sell it .
By making a registered sale deed you 3 have to sign same.
You don't have to spent much amount in same.
There shall be minimal expenditure in same.
1. ALL the three residual legal heirs of the deceased can execute a "Sale Deed" by joint signatures with the intending buyers, without any further reference to any another documentations or court orders.
2. The above is possible, IF you can documentarily prove the relationship with the deceased (Ration Card, Grampanchayat certificate, Legal Heir Certificate, etc.... )
Keep Smiling .... Hemant Agarwal
You have to apply for successioncertificate in district court after than on the basis of successiin certificate you can either directly sale the property as legal heirs or you can first mutate the property on your name and Lateron can sale it.
A. When a Hindu male died intestate(without any will) leaving behind mother, wife and children that property shall be distributed equally between all the class I legal heirs under Section 8 of the Hindu Succession Act, 1956.
B. As far as succession/inheritance is concerned in respect your family that you, your elder brother and mother will get equal right over the piece of land and all the said three inherited people should get transfer/mutation process by virtue of inheritance before the Revenue/Municipal/Concerned Department in your area by submitting your father death certificate, Family Tree and succession certificate.
C. All the three owners must be executed Sale Deed in favour of the buyer once the property transferred in your name. Legal charges may be variable in state to state and please visit sub registrar office towards Sale Deed and also you may get fee structure in local revenue department/tahsildar office towards mutation transfer fee. You may resolve all the stuff by contacting local advocate in this regard.
As your father died intestate I.e. without any will. All siblings and your mother are legal heirs now. You need to transfer the property in your name or your mothers. Once it's in your name you can sell the property.
Please note that a property cannot be without the title holder so after the death of your father the property title goes to you your brother and mother and you have all the right to sell the property.
The property should have been recorded in the revenue records in your names if not you have to get the mutation done in your names before you go for for the sale of the property as the buyer of the property bill definitely check the title holders record
Dear client,
Property will disturbute by 1/3rd each. All have to be part of sale deed as sellers or authorise you to sell on their behalf.
Stamp duty 6% of sale amouny which shall be borne by purchaser.
Hello,
You will have to get the property mutated on the name of your mother and after that the mother may sell the same.
relinquishment deed will have to be made by other legal heirs.
It will cost you around 15-20 K
get in touch with a local lawyer
