• Legal heir succession certificate

One of my friend has a property of 150sy on his name. He has a wife and 3 daughters . One of his daughter is minor.. He is dead now. They want to sell that property now... But bank is not providing loan to the buyers as the document holder is died and also his 3rd doughter is a minor... What is the solution for this..??? Is his family applicable for legal hier successtion certificate and sell the property...??? Or else is there any problem to apply for legal heir certificate as his 3rd daughter is a minor???
Asked 1 year ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1)on demise of your friend his wife and 3 daughters would have equal share in property

2) apply for letters of administration from court . succession certificate is only for movable debts and securities and would not be applicable for immovable property 

3) for sale of minor share in property court permisson is required
Ajay Sethi
Advocate, Mumbai
32554 Answers
1795 Consultations

5.0 on 5.0

1) as mentioned earlier for sale of minor share you need court permission 

2) on child attaining majority he can challenge sale of his share of property 

3) bank will provide loan only if it is satisfied seller has clear and marketable title to property 
Ajay Sethi
Advocate, Mumbai
32554 Answers
1795 Consultations

5.0 on 5.0

Hi, 
Apply for  legal heir certificate at Mandal revenue office. Mother can sign as a natural guardian and sell the property without approaching the court. However if banks want court approval,  then the mother should approach court and seek permission to sell minor property. Courts grants permission to sell if the sale proceeds of the minor(share of minor) are kept as fixed deposit in minor's name  . It is not a lengthy process( max it takes 3 months time.. It is a simple process . So no worries. Hope it helps.
Rajgopalan Sripathi
Advocate, Hyderabad
1068 Answers
97 Consultations

5.0 on 5.0

What is the solution for this..??? Is his family applicable for legal hier successtion certificate and sell the property...??? Or else is there any problem to apply for legal heir certificate as his 3rd daughter is a minor???

Your friend is reported to have died intestate leaving behind his wife and children including a minor child as his successors in interest. 
The question is not about the legal heirs, but it is about the minor legal heir.
You can obtain legal heirship certificate from the local revenue department which may include the minor child's name too. 
The problem is that the minor child is also having a right  to a legitimate share in the property left behind intestate by her father.
The property belonging to  minor child or a property involving a minor child's interest cannot be sold by the child's guardian or anyone without the court's permission, even there can be no encumbrance for the property involving minor interest without court's consent.. 
T Kalaiselvan
Advocate, Vellore
22741 Answers
221 Consultations

5.0 on 5.0

With legal heir successtion certificate wil bank provide loan to buyers  if any of the successors is a minor?? Will there be any problem to the buyers in future if the minor successor becomes a major????


For the minor's property, court's permission will have to be obtained for any transaction that will create an encumbrance over the property.
There will be a major problem to the buyer when the minor becomes major and decides to seek its share in the problem which was sold during her minority without the court's consent.
T Kalaiselvan
Advocate, Vellore
22741 Answers
221 Consultations

5.0 on 5.0

On his demise the property has devolved on his heirs namely his widow and children who should apply for mutation in their favour. After the mutation is carried out the banks should have no hesitation to sanction law subject to their diligence. 
Ashish Davessar
Advocate, Jaipur
20453 Answers
542 Consultations

5.0 on 5.0

Succession Certificate is not required. You should apply for mutation.
Ashish Davessar
Advocate, Jaipur
20453 Answers
542 Consultations

5.0 on 5.0

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