If it’s inherited by will then you don’t need succession certificate for the same and you can sell the same on basis of will

You shall be required to obtain "Probate" in respect of WILL of your father for which you shall be required to file probate case in District court where property is situated. Only after obtaining probate, property can be sold in India to a Indian citizen. However, this rule is exempted in union territory (UT) area. Legal heir certificate would not serve the purpose. 

apply for probate of will 

2) probate is judicial proof that will is genuine 

3) it takes around 6 months 

4) probate is mandatory if property is situated in Bombay ,Calcutta ,Madras

5) in other cities it is optional

6) apply for mutation of property in nabe of legal heirs on basis of will 

7) after mutation is done then sell the property 

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. You know that as per Section 2(h) of Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death Will has been defined in Corpus Juris Secundum as A ‘Will’ is the legal declaration of a man’s intention, which he wills to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death. 

You can apply for probate of Will initially. The word ‘Probate’ means to prove or validate something. It is a procedure for court approval of the Will as the valid and last Will of the deceased testator. According to the Indian Succession Act, 1925, “Probate of will, when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such.”

It means that when a Will is probated, it gets officially certified with a seal of the court and provides the authority to the executor to appropriately distribute the assets of deceased testator and also to pay off bills and creditors from that estate. 

The procedure for probating of will is divided into four simple stages:

1. The first step involves making of application to the District Judge through a probate petition which must be duly signed and verified by or on behalf of the applicant. The probate petition should be in a prescribed format under Code of Civil Procedure, 1908. 

2. The second step is to send the application to the High Court, under whose jurisdiction property falls. Then a lawyer shall prepare the application, in some cases lower court can also accept the application.

3. One needs to submit certain documents that can verify the genuineness of the will, death certificate and other documents. These will prove that the testator had free will.

4. When the court receives the application, it verifies all the details. Then it invites the nearest kin of the deceased for claiming the probate. Finally, it showcases the invitation letter at prominent places for invitation of any objection. If after 30 days, the court files no objection, the issuance of the probate is complete.

Detailed discussion is required in such cases with complete documents.  

You may contact my secretary to connect with me for clarification. 

Gopal Verma

Advocate on Record

Supreme Court of India

If your father had written Will in USA which would include the properties left behind in the USA also then you can get the Will probated by a court of USA.

A will can be executed anywhere without any restrictions subject to the due procedure of the law of the country.

With reference to wills executed outside India, in respect of which a foreign probate has also been obtained, the requirement of Section 213(1) of the Indian Succession  Act , 1925, would be satisfied by obtaining under Section 228(1) of the Act an ancillary probate. Otherwise, the procedural requirement of the lex fori enacted under Section 213(1) of the Act may not be satisfied and if it is only with a view to enable parties claiming under a will executed outside India to make claims with reference to properties situated in India, the procedure under Section 228 of the Act has been prescribed.

You may require if buyer insists fro it otherwise no.

Since you are not in resident record of India as citizen, obtain From US.

Duly filled and signed application form. Copies of identity and address proof of the applicant/s. Proof of date of birth of all legal heirs

- If the said Will clearly not mentioned the names of all legal heirs, then there is requirement for LR certificate

- A Legal heir certificate can be obtained after approaching the office of the Tehsildar or the Corporation /municipality office of the area where the deceased has taken his last breath. If the deceased person has resided that place less than 6 months only , then a report can be obtained by the Tehsildar from the Tehsildar where the deceased was resided for more than one year. 

- Since, you want to sell that property , then you should apply for mutation before the revenue officer in the name of all legal heirs , and there is not requirement for LR certificate , if Will is available. 

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Dear client,  

I'm not a legal expert, but I can provide some general information based on common practices. In India, an heirship certificate (also known as a succession certificate) can be obtained to establish the legal heirs of a deceased person and their respective shares in the estate. The certificate helps in transferring the assets of the deceased, including property, to the rightful heirs.

To obtain an heirship certificate, you may need to follow these general steps:

Jurisdiction: Determine the jurisdiction where the deceased's property is located. The application for the heirship certificate usually needs to be made in the appropriate court within that jurisdiction.

Application: Prepare an application for the heirship certificate, including details such as the deceased's name, date of death, place of residence, and details of legal heirs (including their names, addresses, and relationships).

Supporting Documents: Gather supporting documents that may be required, which can include:

Death certificate of the deceased.
Copy of the Will, if available.
Identity proof and address proof of the legal heirs.
Affidavits from the legal heirs stating their relationship with the deceased and their rights to the property.
Any other documents as required by the court.
Affidavits and Declarations: The legal heirs may need to provide affidavits and declarations stating their relationship to the deceased and their entitlement to the property.

Publication and Notice: The court may require publication of a notice in a local newspaper and serving notice to other legal heirs and interested parties, giving them an opportunity to raise objections if any.

Court Process: Attend the court proceedings and provide any additional information or documentation as required by the court.

Please note that the process and specific requirements for obtaining an heirship certificate can vary based on the jurisdiction and the individual circumstances. It is advisable to consult with a lawyer who specializes in inheritance and property laws in India. They will be able to provide personalized guidance and assist you in navigating the legal procedures and documentation required to sell the property in India.

Yes it’s acceptable but needs to be endorse by embassy in USA and also should be registered in India 

Execute special POA in favour of family member only 

2) if executed in favour of family member attracts nominal stamp duty 

3) POA should be attested before Indian consulate in USA 

1. No. Madurai is not a union territory so you shall be required to obtain probate from court and only then property could be sold. 

2. No. Since WILL is there so it would be probate which is to be obtained. Heir certificate would not apply. 

Notary documents are valid to some extend, but court and law requires for origional which the best evidence and slso admissible in law. 

PoA after completing formalities like stamping etc. is valid in India. All can give special POA to a person who can complete court work and other work on behalf of all legal heirs. Be vigilant which is only requires. 

A power of attorney deed executed in favor of an Indian resident, duly executed and attested by a local notary public or an official of the Indian embassy, sent to the power agent back in India, by a sealed cover and the same got adjudicated before the concerned registrar's office, would enable to power agent to execute the registered sale deed in favor of the prospective buyer,.

Registration of POA to authorize sale of property is optional. Execute at Indian embassy will be sufficient.

- Yes, you can give POA to any relative in India for the said work 

- The said POA  should be notarized as per rule US , and attested from the consulate of India.