You first obtain a legal heirship certificate of the deceased who owns this property.
After that you and your siblings can execute a joint registered sale deed in favour of the prospective buyer
Hi, flat was on deceased mothers name. Father also expired. Brother and sister wants to sell the flat. Please let know the legal way.
Confusion is if we need to get succession mutation done or only mutation done on legal heirs Name? There is no will written. How much time and cost ll be applied for both?
You first obtain a legal heirship certificate of the deceased who owns this property.
After that you and your siblings can execute a joint registered sale deed in favour of the prospective buyer
Mutation of revenue records may not be necessary if you all have decided to dispose the property.
You first of obtain a legal heirship certificate from the revenue department by applying for it jointly after which you can proceed to transfer this property in favour of the prospective buyer.
On mother death intestate you ,your sister and brother are legal heirs
2) apply for mutation of property in name of legal heirs
3) enclose death certificate of parents
4) in case insisted upon apply for legal heir certificate
5) in alternative apply for and obtain letters of administration from high court in name of legal heirs
In case you want to sell the property after obtaining h mutation apply for and obtain letters of administration from high court
any one heir with the consent of the other heir can apply for an heirship certificate or letters of administration by filing a petition in the court in the territorial jurisdiction of which the deceased left properties
after obtaining the heirship certificate or LA the property can then be transferred to the legal heirs as per the personal law to which the deceased was subject at the time of his death
No need of any certificate. Maximum Legal heir certificate which will take a date or 2 to issue. Maximum 1k Rs cost.
You can provide Power of attorney to your siblings and they can represent you in the sale of the property. .
To registered legal heirs name on mutation papers, You can apply for legal heirs certificate from Tahsildar office or court. And apply for the same in the SRO office and other government offices accordingly.
Approximately 10k will be cost for government fees. However Lawyers fees will be extra.
Dear client, Yes, that is correct. If the flat was owned by your deceased mother and your father has also passed away, the property would be inherited by the legal heirs of your mother as per the Hindu Succession Act. To sell the flat, you will need to transfer ownership of the property from your mother's name to the names of the legal heirs, which can be done through a process known as mutation or transfer of property. The specific procedure and requirements for mutation may vary depending on the state or jurisdiction where the property is located. It is recommended to consult with a qualified legal professional or property lawyer in India to ensure that you follow the correct procedures and comply with all applicable laws and regulations.
Execute a family settlement in between the siblings and based on that family settlement mutation or sale proceedings can be done without any hurdle.
Within one hour family settlement can be executed if all are ready and accept the terms and conditions of each other. Cots is depend on the advocate
Feel free to call
- As per law , after the demise of mother , her property would be devolved upon all her legal heirs equally i.e. you , brother and sister will have 1/3rd share in the property.
- For selling the property , you all should apply for mutation in the respective names , after submitting the death certificates of parents and the property papers copy.
If both the legal heir wants to sell the property mutually, then there is no requirement for mutation. You can sell the property through a succession certificate.
Time and cost depend on the state and the city the process has to be carried out. Stamp duty varies.
Kindly share details for more advice.