• Selling property of deceased father

My father had a sale agreement to sell our property. sellers paid 1/4 th value of the property before his death. my mother and 2 sisters are in agreement to continue with the sale of the property. how do we complete the sale? what do we need to obtain other than the death certificate.
Asked 6 years ago in Property Law
Religion: Hindu

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22 Answers

Did your father leave behind any will?

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You will have to file for grant of letters of administration from court in order to be declared as the legal heirs and do any transaction on your father's property.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Agreement is binding on legal heirs. All have equal share. Now in place of father, all heirs will act as seller in sale deed. 

No extra document require, maximum legal heir certificate may ask by registrar which will issue by revenue officer (tehsildaar).

Since all heirs are in agreement to continue sale, LHC may not require.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

A declaratory suit must be filed in the civil court. The court shall declare the heirs ie you your mother and your siblings. After that substitution would be done in your names.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Then all of you must sign on the sale deed as it would be your joint property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can execute the sale agreement with him along with all your siblings who are legal heirs

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

On father demise your mother, you and your siblings would inherit the property as father died intestate 

 

2) since father died intestate apply for letters of administration from district court for said property in name of legal heirs 

 

3) after you obtain LA then sell the property as legal heirs of deceased father 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You should act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You have to obtain legal heirship certificate from the revenue authorities and produce that alongwith the death certificate of your father to determine the Class-1 legal heirs.

2. Based on the above, your mother, you and your 2 sisters can go ahead and execute the Sale Deed with the buyer after receiving the entire sale consideration.

3. In view of your father's intestate death, each one of you is entitled to equal share in the property, i.e., 25% each.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. since your father died intestate, therefore, you will require a legal heir certificate in favour of legal heirs of the deceased,

2.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

See based on the death certificate if there is no will all legal heirs of father can mutate property in there name in government records and then can execute sale deed in favor of buyer. You all can receive the sale consideration equally and all have to sign the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since there is no will all legal heirs have equal share and all have to sign the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

After the death of your father his property will go to the legal heir and that is all of you,  you have to get to share holding certificate from the district magistrate office and transfer the property in your name and you can sell the property to honour the agreement as you have already received 25% of the agreed amount in any case the procedure after property who has made the payment can go for a specific performance of agreement and legal Heirs are bound to do that according to the agreement on the basis of death certificate you can get your share holding certificate from the district magistrate office and you have to apply for that

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You may have to obtain legal heirship certificate besides the death certificate and all the legal heirs have to execute the registered sale deed in favor of the purchaser jointly.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your father's property shall devolve equally on all his legal heirs, upon his intestate death.

Hence all the legal heirs have to execute a registered sale deed jointly in favor of the buyer.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. The Sale Deed must contain declaration about the legal heirs of the deceased Father and their unconditional mutual consent to sell the property with joint signatures.

2. ALL of the legal heirs of Father must sign on the Sale Agreement as "Confirming & Consenting Parties".  This will avoid any futuristic legal disputes. 

3. The above also will do away with the need of the Succession Certificate, which is typically required to Sell /Transfer property of deceased family member.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi

Since  your father died intestate, not bequeathing his property.  You alongwith your mother and sisters are entitled to share in property left by your father.

In order to complete the Sale transaction initiated by your father, you need:

- Letter of Administration from competent District Court declaring you as his legal herirs.

- Legal Heir Certificate from said court declaring all of you as legal heirs of deceased.

- His Death Certificate.

- Original Sale Deed / link documents of the property.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Sir,

When a Hindu male dies intestate, his property devolves around his legal heirs. Section 10 of the Hindu Succession Act, 1956 gives in detail the list of Class I heirs who are to be given the first preference while dividing the property of the deceased. 

Rule 1 of this Section provides for a share of property for the widow of the deceased. 

Rule 2 of this Section provides for a share, each for the surviving sons and daughters and the mother of the deceased.

In view of the aforesaid, in absence of a Will, all his legal heirs including your mother will have an equal right in the property.

As you mentioned, you wish to sell your property, so in this case, you will have to obtain the Letter of Administration under the Indian Succession Act, 1956. You cannot sell your property unless you obtain a Letter of Administration.

Letter of Administration is issued by a competent authority (court) who appoints the Administrator to dispose of the property of a person who has died without making a Will or in relation to a property that is not covered in the Will.

A Letter of Administration can be granted after 14 clear days from the date of death of an intestate.

For obtaining a letter of administration the beneficiary has to apply to the court under Section 276(1) of the Indian Succession Act 1925. Section 276(1) of the Indian Succession Act is reproduced here under:

1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating—

(a) the time of the testator’s death,

(b) that the writing annexed is his last Will and testament,

(c) that it was duly executed,

(d) the amount of assets which are likely to come to the petitioner’s hands, and

(e) when the application is for probate, that the petitioner is the executor named in the Will.

Accordingly, the Court may grant you the Letter of Administration and then you can sell your property.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Yes before execution of sales deed the title should be on name of all legal heirs if no will exist of father. 

2. For that you need legal heir certificate apart from death certificate of father.

3. Then first apply for title transfer on name of legal heirs then execute sales deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Require death certificate and letter of administration and Consent of all deceased legal heirs.


Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your father property will be distributed as per the provisions of the succession law applicable to him. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. The sale deed can now be executed by the Class 1 heirs of your father.

2. Only the death certificate is required.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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