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.