We had acquired a under construction property in Pune in 2011. this was acquired as a joint property between me as first and my dad as the second holder. I have now got the possession of the flat. My dad passed away in 2014 My mom passed away in 2016. I am the only child of my parents. Now how can i sell the property because the buyer is not ready to accept the indemnity bond and is insisting on a Succession or a Legal heir certificate. The unregd will confirms that my dads family was consisiting of himself, his wife and me. can i still go ahead and sell this property without the certificate. or what happens if i trf the 50% of my fathers share to my daughter or delete his name in the Registrars office.
1) apply for probate of father will
2) it does not take more than 6 months if there is no contest
3) enclose death certifcate of parents
4) schedule of property
5) pay the court fees
6) after obtaining probate apply to society fir transfer of father share of flat in your name
7) then sell the property
Not succession certificate but LHC. On his and mother death, you have become sole owner of property and can sell or trasfer the ownership/part ownership to anyone.
LHC is easily issued by applying at collector office.
Dear Sir,
A Succession Certificate is needed when someone inherits any movable property or immovable property under the different property laws in the country. Most of these concerns come under the Hindu Succession Act. While some of the issues come under the Indian Succession Act or the community act. Issues are required to be known in the right perspective for both the categories.
Issuance Of Certificates
Legal Heir certificates are issued by the tahsildar of the district to recognize the actual deceased person living heirs and the succession certificates are issued by the court to the deceased person legal heirs.
Eligibility For Applying The Legal Her Certificate And The Succession Certificate
1. The Property can be sold by you to persons who are aware of the legal modalities of Legal Heir'ship of your family.
2. However because of the demise of the second Title-Owner, the property shall not have clear-title, as is required by law, for futuristic Sale /Gift /Mortgage /Transfer /whatever ....
3. In order to have a "clear-title", you would need to get Father's WILL duly probated in your favor, wherein you would be 100% owner in the Income Tax returns.
Dear,
Is there any will of your father or not. If yes and in that he transferred his share to you then you don't need any certificate.
If not then apply for legal heir certificate in collector office of your area.
With this you are easily sell your property.
Hi
Obtain either Legal Heir / Succession Certificate.
Get the Will probated.
After the probate, get the name changed.
Thereafter you can sell the property.
Once you become owner of property it becomes one chunk.
You can deal with it as you wish.
Will is enough and is form of succession. But you need to probate it as it's unregistered. You need to at least get succession certificate or probate
1. your father was co-owner of the flat having 50% undivided share in it
2. after his demise his share will devolve on his legal heirs as per Hindu Succession Act to his widow, mother and children
3. i assume when your father died, his mother was not alive
4. since your mother was living when your father died, his 50% share in the flat will go to your mother and you equally
5. consequently your share will increase from 50% to 75%
6. your mother inherited 25% share in the flat from your father
7. since she also died intestate, her 25% share will go to her legal heirs as per s.15 of HSA who are her parents, husband and children
8. i assume your mother's parents died before her. So her 25%share will devolve on you
9. consequently your share will increase from 75% to 100%
10. however in order to transfer the 25% share from your father to you and the 25% share of your mother to you, you will have to obtain letter of administration for both
11. the administrator under the above 2 LAs will then execute and register transfer deeds in your favour which will complete your legal title to the flat as 100% owner
12. since you do not have a title document for the balance 50% share in the flat, even if you transfer that to your daughter, the defect will not be cured and the objection of the buyer will still remain, until the LA procedure is done
Probate validates a will whether registered or un registered.
you can sell property without probate if buyer dont have any objection.
Yes you will have to obtain a succession certificate and get the property transferred to your name now.
If the buyer is ready to purchase then definitely you can sell, but I do not think so that anyone will purchase the same without the documents.
regards
This is my response to you:
1. You will need to obtain letters of administration from HC;
2. You can also obtain legal heir certificate from tehsil office (though it will not be helpful). But at the most all the legal heirs will be brought on record;
3. Practically speaking you are the 100% owner, you can enter into a release deed and give 50% share to daughter;
4. Consult a local lawyer and take steps.
No you cannot sell the property without transferring the share of your father in your name.
For that you have to apply for legal heir certificate from tehsildar for your father and mother separately by making applications and attaching their death certificates with application along with list of legal heirs in your case only you are legal heir of father and mother.
After getting legal heir certificate apply for mutation of property on your name after that you can apply for a new registered deed on which you will be sole owner of the property.
Then you can sell the property.
Hi,
You may get the succession certificate from the SDM office in your name and then you may get your name recorded as absolute owner of the properties in the name of your father or mother.
On the basis of the Will in your favor you first get your father's share in the property transferred to your name.
After that the property will devolve on your name alone.
Once you got the property transferred to your name then it will be easy for you to sell the same without the requirement of legal heirship certificate or succession certificate.
