No if you have a gift deed registered in your name then not required. If you have any siblings and legal heirs for the said property then you can go for succession certificate
My dad & mom purchase a flat with joint registration. After few years mom expired. After that my dad registered the flat in my name as a Gift Deed. Note: I am the only son & belongs to hindu religion. Now i am willing to sale the flat. 1. Is it mandate for me to have the legal hire certificate to sale the flat. 2. If it is not mandate, then why the bank is asking for it from the purchaser when he is applying for loan.
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No if you have a gift deed registered in your name then not required. If you have any siblings and legal heirs for the said property then you can go for succession certificate
The flat was jointly owned by your parents hence after your mother's death her share woukd be divided between you and your father.
Now uour father gave his share to you but your mother's share is still left taht has to be divided. Hence a legal heir certificate has to bw obtained.
Regards
The reason why bank is asking for legal heir certificate is that it does not want any siblings to come forward and claim equal share in property
2) your mother died intestate and bank wants to be sure before disbursing loan that you and your father were only legal heirs of deceased mother
1. See if you are only child to your mom and dad then transfer the complete mutation in your favor for the flat.
For same the municipal authority may ask for legal their certificate you can get same from tehsil office.
2. See bank to check that you are only legal.heir to property is asking the certificate in case there are more eg. Your siblings they will have share too.
It is not legally required. It is the requirements of bank as per their sets of norm for sanctioning loan. If the buyer wants loan from bank he is to comply this requirement.
1. IF property belong "JOINTLY" in name of Father & Mother, that it has to be legally construed as follows:
a) Father = 50% share of property
b) Mother = 50% share of property.
2. Presuming Mother demised without executing a WILL document, THEN mother's 50% share will go to Father & Son in 25% ratio each, which means:
a) Father share becomes = 50% + 25% = 75% share of property
b) Sole Son = 25% share of property.
3. Father executed Gift Deed of 100% share, whereas his share is only 75%, as per above formula. Hence the Gift Deed becomes invalid, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....
4. Father had to execute a release deed for his legal heir share, in your favor.
Hello,
When there is a registered gift deed there should not be such problem as it has already been transferred between person inter vivos., or., Between two living person.
Regards
1. The legal heirs of your deceased mother in you possession will enable you to sell this property without any legal hassle.
2. The legal heirs of your deceased mother is mandatory to be produced along with other documents to ascertain the legal heirs since your father is also one of the legal heirs and you along with if your siblings, if any form the list of the legal heirs, hence to confirm the same, it would be mandated.
೧. It's not mandatory to obtain legal heirship certificate to sell the flat.
೨. However, the Bank wants to have additional security and hence it's demanding for legal heirship certificate. Instead of legal heirship certificate, you can produce the Family Tree or you can obtain Succession Certificate from the Court and produce it to the lending Bank.
Yes legal heir certificate is mandatory to get approved your loan as it recognises the relationship of your with the deceased and all the documents have to get transferred into your name ie khata , electricity Bill's as to be in your name to hold the right of the property!!
- As per Transfer of Proprerty Act, a registered Gift deed holder can sell and transfer the gifted property to anyone .
1. It is not mandate for you to have a legal heir certificate to sell the said flat.
2. Since, the said flat was in joint name of your dad & mom , so, as per law, in the share of your mother , you and your father is having share equally.
- Bank wants to be satisfied , that there are no any other claimant , hence they required legal heir certificate.
Yes it will be mandatory if share of your mother have not transfered yet.
It is necessary just to prove that your mother have only two legal heirs that is you and your father.
not mandatory to obtain legal heir to sell the flat.
home loan cannot be availed on a gift deed. But yes, loan against property is a viable option for you.
1. The said flat stands in your name by virtue of the gift deed registered by your father, since deceased. You are the absolute owner of the said property.
2. Submit the copy of the gift deed and tell the Bank Manager that the title of then property has already been registered in your name for which you do not need any certificate from any body.