Hello I have property which is on name of myself and my mother. My mother expired 7years back. After the death of my mother till date I have not done any name change in the papers. I have the death certificate of my mother. Now I am looking to sell the property. My questions are 1. I am the single child to my parents(No Siblings). Can I sell the house directly or do I have to complete some other formalities ? If yes then what all formalities I have to go through ? Or What all documents I should be ready with before selling the property ? 2.In case I have to do some other formalities before selling, and generate some additional documents then are these documents standard across India or it is required as per State of Property ?
1. No, you cannot directly sell the property. You are not the recorded owner of the property. You should file petition in court for getting succession certificate and after obtaining succession certificate get the property mutated in your name in municipal record and only then you would be able to sell the flat.
2. Pl refer 1. No other document could be helpful to you.
Mutation of property had to be done in your name on basis of death certificate of mother
2) enclose legal heir certificate
3) latest receipt of payment of property taxes
1. Your mother's share in the property would devolve equally on all her legal heirs if she is reported to have died intestate.
Upon this, you have to obtain a legal heirship certificate and apply for mutation of revenue records to your name in respect of her share in the property.
Then you can sell the property as an absolute owner.
2. It is the procedure prevailing across the country.
It is not clear if your father is alive or not. If he is, your mother's estate (50% undivided share in the whole property) shall devolve on you and your father equally. In that case, he has to jointly execute all the documents along with you for the intended sale. If not, you are free to sell the property on your own. Your mother's death certificate and her legal heirs certificates are the only other documents required.
If there is no legal heirs then you can sell the same by producing the death certificate.
If you still have issues then you need to approach court for letter of administration.
Regarding the sale of the property after the death of your mother, here are some general points to consider:
Transfer of ownership: Since the property is currently in the names of both yourself and your late mother, you will need to transfer the ownership to your name alone before selling the property. The specific process for transferring ownership may vary depending on the laws and procedures of your jurisdiction.
Typically, you will need to initiate the process of transferring the property to your name through a legal procedure such as a succession certificate, mutation of records, or obtaining a legal heir certificate. These documents establish your legal right to the property as the sole heir of your mother. The exact documents required and the process involved can vary based on the laws and regulations of your specific jurisdiction.
Documents required: To sell the property, you will generally need the following documents:
a. Proof of ownership: This includes the original sale deed or any subsequent transfer documents that establish your ownership of the property.
b. Death certificate: You should have the original death certificate of your mother to establish her passing and your status as the sole heir.
c. Transfer documents: The specific transfer documents required will depend on the laws of your jurisdiction. This may include a succession certificate, legal heir certificate, or mutation of records, as mentioned earlier.
d. Encumbrance certificate: This certificate provides information about any existing encumbrances, such as mortgages, liens, or claims on the property.
e. No-objection certificate (NOC): If applicable, you may need to obtain an NOC from any other legal heirs or family members who may have a claim to the property.
State-specific requirements: While some documents and procedures may be common across India, it's important to note that certain requirements can vary from state to state. Therefore, it is advisable to consult with a local property lawyer who can guide you on the specific laws, regulations, and procedures applicable in your state.
You can sell. death certificate is suffice. Maximum if any buyer will ask for Legal Heir certificate issue by tehsildaar.
- After the demise of your mother intestate , his 50% share in the property would be devolved upon all the legal heirs equally.
- Since, you are only legal heirs of your parents , then entire property will be devolved upon you.
- You can apply for mutation of the property after submitting death certificate of mother with the copy of the property.
- Further, you can sell the property .
