Yes.

All three have to execute sale deed. 

Not but for safe transaction, ask for LHC.

No.

1. If it is confirmed taht they are the only surviving legal heirs to succeed to the estates of the deceased then they may have to execute a joint registered sale deed in favor of the prospective buyer.

2. They have to sell it jointly 

3. It will establish the fact of the existing legal heirs which will facilitate to prevent anyone claiming a share in it as one of the legal heirs at a later stage.

4. No, that is different to succession certificate. 

1. Yes, the family has the authority to sell the property, but certain legal steps must be taken to ensure that the property transfer is valid and binding.

2. Since the property is still in the deceased father's name, all legal heirs must be involved in the sale process. According to the Indian Succession Act, 1925, applicable to Christians, the property of a deceased person who dies intestate is inherited by the legal heirs. In this case, the legal heirs are the spouse (mother) and the children (two sons and one daughter).

   Therefore, all legal heirs (mother, two sons, and one daughter) must sign the sale deed to transfer the property legally. They all need to give their consent to the sale and participate in the execution of the sale deed.

3. Yes, it is generally mandatory to have a legal heir certificate to establish the legal heirs of the deceased. This certificate is essential for various legal and administrative processes, including the transfer of property. The legal heir certificate will identify the mother and the three children as the legitimate heirs of the deceased father, thereby establishing their right to sell the property.

4. No, a legal heir certificate and a succession certificate are not the same, although they serve related purposes:

   • Legal Heir Certificate: This certificate is issued by the local revenue authorities (like the Tehsildar) or the municipal authority, identifying the legal heirs of a deceased person. It is typically used for non-movable assets, such as property transfer, and for other purposes like claiming insurance, pension, or other benefits.

   • Succession Certificate: This certificate is issued by a civil court and is used primarily for movable assets, such as bank accounts, securities, and debts. It authorizes the holder to collect the debts and securities of the deceased person.

   In your case, for the sale of immovable property, a legal heir certificate should suffice to establish the heirs of the deceased father. However, if there are any disputes or complexities, a succession certificate may be required.

Hope your legal queries are answered to your satisfaction. Kindly give your rating please.

Thanks!

RAJVEER SINGH

Advocate

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The information and legal advice provided by Advocate Rajveer Singh, whether through consultations, written communications, or on this website, are for general informational purposes only. They do not constitute legal advice or create an attorney-client relationship. While every effort is made to ensure the accuracy and reliability of the information, it is not a substitute for personalized legal counsel tailored to your specific circumstances.

Advocate Rajveer Singh and his associates disclaim any responsibility for any actions taken or not taken based on the contents of this information. Legal advice can vary significantly based on the facts and nuances of individual cases. Therefore, we strongly recommend seeking professional legal advice for any specific issues or concerns you may have.

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For comprehensive legal advice, please schedule a consultation to discuss your particular legal needs with Advocate Rajveer Singh directly.

On demise of father his wife and children are the legal heirs 

2) Sal deed has to be executed by all legal heirs jointly 

3) succession certificate is for movable debts and securities 

4) legal heir certificate is to identify the legal heirs of deceased 

5) ask them to obtain legal heir certificate 

1. Yes, since they are the Class-1 legal heirs, they have the authority to sell the property to any prospective buyer.

2.  Even though the property is in the deceased father's name, his class,- 1 legal heirs, who have succeeded to his property can sell.

3.  It's not mandatory to obtain legal heir certificate to sell the property. However if the prospective buyer insists for it then it will be required.

4.  Even though the legal heir certificate and succession certificate serve the same purpose for the legal heirs, both are different. The legal heir certificate will be issued by the State Government whereas the succession certificate will be issued based on central legislation.

Ensure that the GPA is valid, duly executed, and notarized or registered as required by local laws. The GPA should explicitly authorize Son A to sell the property and execute all necessary documents on behalf of the other legal heirs. Obtain and verify the NOCs from Son B and the daughter. These NOCs should explicitly state that they have no objection to the sale of the property and that they consent to Son A and the mother executing the sale deed on their behalf. Conduct a thorough title search to ensure there are no other legal claims or encumbrances on the property. This can be done through the local sub-registrar’s office and by engaging a lawyer to review the title documents. While it is not strictly mandatory to have a legal heir certificate to execute the sale of property if the legal heirs have provided a GPA and NOCs, it is highly recommended as it can help prevent future disputes.

Thanks!

RAJVEER SINGH

Advocate

Yes

Optional 

Is POA registered 

registration of POA is mandatory to execute sale deed 

1. Unless and until the documents are studied, it would be not correct to give green signal to buy the property.

2.  Obtain cerified Family/Genealogical Tree from the seller.

- As per law, after the demise of father intestate , his property would be devolved upon all his legal heirs. 

- Hence, the mother , 2 sons and daughter can apply for mutation of the property in their names before selling.

1. Yes, 

2. They should apply for mutation of the property in their name after submitting the property documents copy and deceased death certificate 

3. Not mandatory but it is suggested 

4. No , Legal heir certificate can be issued from Tehsildar office , while succession certificate is issued by the Court. 

- The said GPA should be registered from the office of Registrar ,otherwise cannot transfer the property .

- Further, NOC or released deed is also required. 

Legal heirship certificate is an essential document to prove the legal heirs of the deceased property owner.

If all the other legal heirs have given a registered general power of attorney deed in favor of  the chosen legal heir, then there is no necessity for the other legal heirs to either give consent or NOC or even sign the sale deed as an attesting witness.  However the principals who have signed the GPA deed in favor of the power agent need to submit a life certificate duly certified by a medical examiner or a qualified medical practitioner of place where each principal is residing.

After obtaining all these documents, you may obtain a proper legal opinion from an experienced lawyer in the local and proceed only if recommended. 

Dear Client,

When you are buying a particular property, there are certain legalities that have to be followed in order to have a clear understanding of the ownership of the property that is changing hands. Here are the answers to your questions:

Yes, the family is legally entitled to dispose of that property, but there is a process to be followed since the father predeceased without a will. Often, documents like the legal heir certificate must be produced to confirm that the property will be transferred to the rightful heirs. This is not the same as a succession certificate; the former is in relation to the ascertainment of legal representatives, while the latter concerns securities and debt. In your case, it secures your acquisition-by-sale not only for the 1/3 portion but also shows clearly who the legal heirs are to the property.

The property can be sold by the legal heirs if necessary; however, since the property is still in the deceased father’s name, a legal heir certificate is required for the transfer of title. The mother and all children are legal heirs, and hence they have rights with regard to the sale. Here, while the GPA given to one son means he can handle the sale of the property, a clear NOC from the other heirs is required and legally enforceable. Actually, in order to eliminate any possible dispute in the future, it is better to obtain a legal heir certificate after checking that all the heirs agree with the sale and that the transfer of property occurred legally.

Without legal heir certificates, there's a chance that the transfer may be contested later. Therefore, it's strongly encouraged to insist on acquiring a criminal heir certificate earlier than intended. This certificate will serve as proof of the criminal heirs and make certain that each of the important parties is in agreement. Additionally, affirm the GPA's validity and ensure that the NOCs from the abroad-based son and daughter are well notarized and diagnosed in India to avoid any felony headaches.

To conclude, while the son with the GPA and the mother can execute the sale deed, it's far more prudent to insist on a felony inheritor certificate. This certificate will offer a clean prison foundation for the sale and defend you from any capability claims by different heirs in the future. Ensuring that every file is in order and legally recognised will facilitate an easy and stable asset purchase.