• Validity of common sale agreement by children of deceased parent

Sir,
When my father expired, the house was transferred to my mother's name. Now as mother is no more, can the property be sold by all the children together signing the sale agreement?
Asked 4 years ago in Property Law
Religion: Hindu

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27 Answers

mutation of property has to be done in name of legal heirs 

 

then only can you sell the property 

Ajay Sethi
Advocate, Mumbai
94917 Answers
7570 Consultations

5.0 on 5.0

Yes,

In the sale deed all children will introduce as seller. No other specific procedure required. All should sign sale deed as seller and present at the time of registration at sub registrar office.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

apply for mutation of property

 

2) enclose death certificate of parents 

 

3) latest receipt of payment of property taxes

 

4) if no objections are received mutation would be done in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
94917 Answers
7570 Consultations

5.0 on 5.0

after mutation is done registered sale deed can be executed in favour of purchasers 

Ajay Sethi
Advocate, Mumbai
94917 Answers
7570 Consultations

5.0 on 5.0

1. Assuming that your parents died intestate (without executing a WILL), then the entitlement to share in the movable and immovable properties of your parents devolve equally to all the children.

2. Get the transfer of Khata of the property in the names of all children. This can be done online also. Otherwise obtain the prescribed application form for Khata transfer and after filling up the form with details, enclose copies of death certificates of your parents, latest tax paid receipt, family tree and submit the same to jurisdictional BBMP Office and obtain Khata. It's also possible to obtain Khata of the property in the name of one of the siblings, if other siblings give NOC.

3.  If all the siblings decide to sell the property, they can do so by entering into an Agreement of Sale with the prospective buyer.

Shashidhar S. Sastry
Advocate, Bangalore
5149 Answers
314 Consultations

5.0 on 5.0

The property belongs to the children and hence they can sell the property by jointly signing the sale deed.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A sale deed must be prepared and it be registered  with the registrar along with all the shareholders of the property and the buyer along with requisite stamp duty.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A sale deed must be prepared and it be registered  with the registrar along with all the shareholders of the property and the buyer along with requisite stamp duty.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A sale deed must be prepared and it be registered  with the registrar along with all the shareholders of the property and the buyer along with requisite stamp duty.

 


A sale deed must be prepared and it be registered  with the registrar along with all the shareholders of the property and the buyer along with requisite stamp duty.

 


A sale deed must be prepared and it be registered  with the registrar along with all the shareholders of the property and the buyer along with requisite stamp duty.

 


A sale deed must be prepared and it be registered  with the registrar along with all the shareholders of the property and the buyer along with requisite stamp duty.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes it can be sold by signing the same agreement by all of you 

Prashant Nayak
Advocate, Mumbai
32061 Answers
183 Consultations

4.1 on 5.0

U R Welcome.

Shashidhar S. Sastry
Advocate, Bangalore
5149 Answers
314 Consultations

5.0 on 5.0

U R Welcome.

Shashidhar S. Sastry
Advocate, Bangalore
5149 Answers
314 Consultations

5.0 on 5.0

U R Welcome.

Shashidhar S. Sastry
Advocate, Bangalore
5149 Answers
314 Consultations

5.0 on 5.0

U R Welcome.


U R Welcome.

Shashidhar S. Sastry
Advocate, Bangalore
5149 Answers
314 Consultations

5.0 on 5.0

- As per law, after the death of parents , their legal heirs are competent to sell and transfer the house left by father without a WILL . 

-  But , only a major children can sell and execute an agreement in favour of purchaser, and further no body can sell the minor children's share without getting an order from the court. 

- Either you can apply for mutation of the said house in favour of all legal heirs , after submitting death certificates of parents.

- OR , can sell the property after signing the sale deed , in the office of sub registrar .

Mohammed Shahzad
Advocate, Delhi
13347 Answers
199 Consultations

5.0 on 5.0

Yes it is so simple as all of you are the title holder collectively in the equal proportion and have to sign the sale deed together

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. The property can be sold by all the residual Legal Heirs, by mutual joint signatures, on the registered sale deed, as "Confirming & Consenting Parties" and by executing an Indemnity Bond in favor of the Buyer party.

2. IF the Buyer party, does not agree to the above, THEN the residual legal heirs will have to obtain a "Letter of Administration" from the local Civil Court or High Court, relating to the immovable property of Parents.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

After the death of your parents in comes to your name jointly. If you can change the katha in your joint names it is better and easy to execute the sale deed. If the the purchaser is ready to get sale agreement from you jointly then you may also agree for it. But you must be very careful because they give only 10 percent of total amount and never allow you to sell until his illegal demands are fulfilled oielse they will a suit for specific performance and stop you from selling. Never accept sale agreement without paying more than 50 percent of total sale amount.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

After mutation all legal heirs can sell the property.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Once mutation done ,You can jointly execute sale deed.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes the mutation of property can be done in favor of all the children by presenting the death certificate and the legal heir certificate, after same all children can sign an agreement to sale and can sale the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

  1. The children can jointly make a agreement to sale and sale deed and can execute in favor of buyer before the sub-registrar office. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. After the demise of your mother the property has devolved on all children equally. Hence, it can be sold by them by executing the sale deed.

2. All the heirs have to sign the sale deed unless one or more heirs execute a release deed or GPA in favour of one heir.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Since your mother died intestate, all of you have equal share in the property.

In order to sell the same, you need to get your names incorporated in concerned departments.

However, if the purchaser is ready to take the property, in as is whereas condition, you need to provide the below mentioned documents:

     - Original Title Deeds

     - Death Certificate of your Mother.

     - Last Property Paid Tax Receipt.

     - No objection from all the Legal Heirs.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi

It is same as the procedure for selling a property of single person.

The sale deed will have signs of all the children. 

First a succession Certificate is to attained. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Yes, all the legal heirs can execute a joint registered sale deed in favor of the prospective buyer. 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

First obtain legal heirship certificate,  apply for joint mutation of revenue records with the revenue department,  then sell the property property by executing the registered sale deed jointly. 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

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