• Succession and legal heirship

Dear Sir 
My father died Intestate without making a will. My mother died 3 years ago. I am the only child. My father has a house in his name. What all things I have to do legally to take the house in my name and can I sell if I wish ? The sale deed is in father's name. Do I need succession certificate or not for all this.
Asked 1 year ago in Property Law
Religion: Hindu

10 answers received in 1 day.

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11 Answers

You are the only legal heir 

 

you can apply for mutation of house in your name 

 

3) enclose death certificate of your deceased parents 

 

4) affidavit in support of your application that you are the only legal heir of your deceased pate to 

 

5) latest receipt of payment of property taxes 

 

6) legal heir certificate 

Ajay Sethi
Advocate, Mumbai
99899 Answers
8153 Consultations

For immoveable property there is no scope for succession certificate.

On the basis of their death certificates you can simply apply for mutation of the house in your name and get another affidavit done through a Magistrate stating that you are their only legal heir.

These are enough .

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

1. Obtain Succession certificate from the jurisdictional Court stating that you are the only one legal heir left behind by your parents.

2.  Produce the Succession certificate to the jurisdictional Corporation/Revenue Office and get the property mutated in your name in all the revenue records.

3.  After completing the above procedure, you would be independent to sell your property, if you wish so. 

Shashidhar S. Sastry
Advocate, Bangalore
5625 Answers
339 Consultations

You may have to obtain legal heirship certificate from the local tehsildar office by applying for it along with death certificate of your father and mother.

The revenue department will issue a legal heirship certificate after inquiry and then you can apply for transfer of revenue records to your name.

Once this is completed you will become an absolute owner of the property.

You can then sell the property 

T Kalaiselvan
Advocate, Vellore
90099 Answers
2503 Consultations

  1. Succession certificate is issued by Court only in case of movable property like right  to claim fixed deposits, share certificates, insurance claims etc.
  2. Legal heir certificate is issued by revenue authority only in case State Government and Central Government  employees for claiming pensionary benefits of deceased employees.
  3. You can file a civil suit in district Court for declaring you as sole legal heir of the It will take not less than three months to get such declaration.
  4. Proof of such declaration, with other documents like Aadhar, ration card, voter id is sufficient of establish your right and sell the  

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

for filing any suit you have to pay court fees 

 

2) for obtaining legal heir certificate you need death certificate of deceased parents , schedule of property ,identity proof of deceased parents . your aadhar card 

Ajay Sethi
Advocate, Mumbai
99899 Answers
8153 Consultations

The documents required are, the death certificate of both the parents, identity proofs of them if sought for, identity proofs of yours, property title documents, tax paid receipts and any other similar documents.

T Kalaiselvan
Advocate, Vellore
90099 Answers
2503 Consultations

- As per law, after the demise of your father intestate, his property would be devolved upon you , being the only legal heir after the demise of mother. 

-  You can apply for mutation in your name after submitting the death certificate of father and the copy of the property document of your deceased father. 

- No, succession certificate required , however there may be requirement for Legal heir certificate , which you can procured from the Tehsildar. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Dear Client,

Here is the possible response to your queries

Since your father had died intestate, i.e., without a will, you have a right to inherit the property under the Hindu Succession Act, 1956. To record the house in your name legally, you need to obtain a legal heir certificate from any local authority, such as Tehsildar or district office establishing your right to inherit the property.

You'll require the following papers for this legal heir certificate

1. Father's death certificate

2. Mother's death certificate. She was deceased prior to father

3. Birth certificate- The birth related proof with your father

4. Identity proof such as Aadhar and PAN

5. Address proof.

Once you obtain the legal heir certificate, you can approach the local revenue authorities or municipal office to get the property mutated in your name by submitting a legal heir certificate along with other documents called for in the process. Through mutation, your property records will be updated.

Normally, you do not need a succession certificate to transfer immovable property like a house. A succession certificate is required for movable assets; it is not required for immovable property.

Regarding the sale of the property, once it gets mutated in your name you can sell it freely without any kind of problem arising. Incase of a dispute in contention you may have to file a civil suit for declaring yourself as the sole legal heir but no stamp duty needs to be paid like in succession certificate cases; only court fees are applicable according to the case.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
11028 Answers
125 Consultations

  1. Proof of death of father.
  2. Copy to title deed of property.
  3. Proof of id of all relatives who are likely heirs.
  4. You need to pay court fee on valuation of property, which differs from State to State.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Only legal heir certificate. Ration card and adhaar

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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