• Site selling

Hi...we have a villa with area of 256 yards...out of 256 yards 161 yard are on my mother's name and remaining on my Fathers name ...and there are no site documents..for remaining site in hand. We have enquired in registrar office regarding the remaining site and it's on my father's name only. Now we want to sell this villa and we have legal hair certificate with us(after my father has expired we have got it).will it have be a problem? Can you please advise me what can be done
Asked 9 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) take 30 years title search in sub registrar office 

2)obtain certified copy of the documents .

3) without site documents for balance land you will have difficulty in finding buyer of the property 

4)title search will give you all the information about chain of title of the land 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1. You are not so clear as regards the title of your father and mother. in other words how do they acquire titile on the property.
2. If their title is clear then absence of their name on the revenue Records will not cause an problem.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
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Your mother can sell her share whereas the legal heirs of your father, who have succeeded to his share in the villa after his demise, are at liberty to sell their respective shares. The villa can be sold as a indivisible unit if your mother and legal heirs of your father sign the sale deed in favour of the prospective buyer.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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Hi
a) Yes you can sell the villa as your mother is the owner of 161square yards and the remaining 95 square yards was in your father's name and after his demise you have the legal heir certificate wherein the names and relationship of all legal heirs are mentioned in the certificate. 

b) For effecting a sale of villa, you will need the original sale deed belonging your father and mother, death certificate of your father and the legal heir certificate. 

c) Now coming to effecting a sale to a third person, in the said sale deed, Your mother will need to sign as an independent owner for 161 square yards and for the remaining 95 square yards, all of the legal heirs(your mother included) will sign as legal heirs of your father . 

d) No other formalities are required to be completed. 

e) for your information succession certificate is for only movable properties & bank deposits and not applicable for immovable properties.

Hopefully all of the legal heirs are aged above 18 years. 

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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Site documents can be obtained in the concerned Sub Registrar Office. No problem. Check up on whose name the sanctioned plan of the village has been taken in the concerned Municipality dept.  After getting the above documents, you, your siblings, your mother in the capacity of vendors have to execute registered sale deed in favour of the purchaser. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
If the property is in the joint names and there are other legal heirs to your deceased father ther than you and your mother, all the legal heirs can jointly sell the properties to the prospective buyer. 
What is your actual problem in selling the property?
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
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you can sell it because you have accrued right in the property after death of your father. but a joint residential property can be sold entirely if it cannot be separated. if you can separate your portion as 95 yards you can sell it. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0

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