Ownership of mother's property after her death
My mother died few years ago. My father is alive and I am the only son. I have no brothers and no sisters. My family includes my wife, one major child and one minor child.
We want to sell a free hold one ground land in Chennai, registered in the sole name of my mother. We are in possession of the original sale deed identifying my mother as sole owner. The patta, chitta, adangal and vari receipts are all in mother's name. We have not done any transfer of rights or property transfer, and there is no will left by my mother.
Who all are the rightful owners of this property and what is the share of ownership for each? What are the legal proceedings in this case to enable the property sale? Who all of us need to sign in the sale deed for the transfer to be complete to the buyer?
Asked in Property Law from Bangalore, Karnataka
1) you and your father are the sole legal heirs of the property
2) you first have to carry on mutation of property in your name and that of your father
3) you and your father can execute sale deed I favour of purchaser
If the land belonging to your mother was purchased by her, and you being a Christian by religion, then her husband and son get to inherit the property in equal shares as you do not have any other siblings.
If you have decided to dispose off the above property, then in such a event your father, yourself and your major child will have to sign the sale deed transferring the above property in favour of the purchaser.
Before the transfer the patta, chitta, adnagal and vari receipts must be transferred into the name of your father, for which you will have to give an NOC to the concerned departments along with a copy of the death certificate of your mother in order to effect the transfer in your father name.
1) The heirs to the property are you, your children and your father if mother had not inherited the property as an ancestral property.
2) Each of you have equal right/ share in the property .
3) You need to obtain a legal heir certificate and transfer the property in the name of either of you the heirs.
4) All the heirs must sign the sale deed as confirming parties. The exception is the minor child of yours. You can sign on its behalf. It is advisable to seek court's permission to sell the portion of the share that belongs to the minor child.
Hi, after the demise of your mother you and your father are the legal heirs of the property.
2. Both of you will get the half share in the property and in case of sale of the schedule property you and your father has to execute the sale deed in favour of prospective buyer.
Hi sir/madam, the above said property is belongs to your mother's self acquired property, according to Indian Succession Act, 1925. Your father will get share in that property 1/3rd. You and your children are having equal rights in the remaining 2/3rd share. You have to apply for pavathi khata to concerned jurisdictional Tahasildar office by producing a death certificate and family tree alongwith property documents which is in your mother's name. After transfer of property rights in your names thereafter you have to sell the property jointly and severally if they are wished to sell, at that time they are presence and put the signature on the sale deed.
The property in your mother's name and she died intestate, the property will devolve upon her legal heirs i.e, yourself and your father alone.
You as well as your father have 50%share in it, you both can jointly sell the property.You may obtain a legal heir ship certificate from Tahsildar's office, that will be sufficient for joint selling.
1. After the demise of your mother her widower and children succeeded equally to her property.
2. The sale deed has to be executed by you and your father in favour of the prospective buyer. Nothing else is to be done.