• Sell property by intestate father's widow

My father passed away in 2006 without a will leaving behind a widow and two issues - a son (myself) and a married daughter. He had a 2-room MIG apartment which had formed a cooperative society and deed is in his name alone. After a lot of problems my mother got the shares transferred in her name, by providing a affidavit from the first class judicial magistrate. Now mutation has started for apartments in that area. When my mother went to the NKDA office she was asked to get a heirship certificate from an MLA who knows her or get a succession certificate - however the office himself mentioned that the succession certificate would be a rigorous task to procure. My question is following:

1. How does my mother aquire a mutation ? both the option seems to be equally tough for an elderly lady. Is there a way out ?

2. For selling the property at any time, what are the pre-requisites ? It seems some of the brokers are asking for mutation as well. Without a succession certificate, and based on my or my sisters affidavit will it be possible to sell the property ?
Asked 3 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu
You have to obtain heirship certificate from the court then only you all  will become owner of your father's property and can sell it later. For this you contact a local lawyer and submit copy of registered sale deed of your father's property and death certificate of your father along with the application for heirship. It is a simple procedure and takes approximately six months time.
Rajni Sinha
Advocate, Mumbai
330 Answers
34 Consultations

4.6 on 5.0

1) since your father died intestate on your father demise your mother , you and your sister had 1/ 3rd share each in the flat 

2) succession certificate is only for movable properties 

3) you need to obtain letters of administration from court in respect of  the flat  it won't take more than  a year 

4) for mutation of flat in your mother name enclose copy of death certificate of father 

5) you and your sister can execute gift deed / relinquishment deed  in your mother name for transfer of flat in her name 

 6) for sale of flat all the legal heirs as on date can execute sale deed in favour of purchaser 
Ajay Sethi
Advocate, Mumbai
46828 Answers
2769 Consultations

5.0 on 5.0

Hi, After the death of your father his legal heirs are the absolute owner of the property.

2. If you want to release your right in the property both you and your sister can execute a release deed in favour of your mother then your mother will become the absolute owner of the property so she can sell the property to any body.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. She requires neither a succession certificate nor a legal heirship certificate. The mutation has to be carried out in the names of all the legal heirs of your late father. You and your sister can execute a NOC in favour of your mother to permit her to have the property mutated in her favour. If you wish to give up your share then a deed of relinquishment is to be executed in her favour. Mutation is not contingent on Succession Certificate which is issued by a court of law. 

2. To sell the property the prospective buyers would require mutation. Unless you and your sister relinquish your share in favour of your mother all the legal heirs would have to sign the sale deed. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

The easy way to get the mutated on your mother's name shall be to that you and your sister relinquish your rights in the property and execute a registered release deed in our mother's favor.  Once the deed is registered, along with the copy of the said deed and copy of death certificate, she can apply for mutation of revenue records, if the revenue department is not obliging , ask them to give the reason in writing  after which yo can file a mandatory injunction suit as well declaration suit before the concerned civil court to get the needful done.
T Kalaiselvan
Advocate, Vellore
36975 Answers
403 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer