• Legal Documents require to Sell/Rent the Property

A Residential property purchased by our father in 1968 (registered deed) in Meerut (UP). After our Father death in 2013, we(siblings) named the property to our Mother name in House Tax (Nagar Nigam) while other documents such as Electricity bill is still under name of our Father. 

As Mother passed away in 2015 December. We (siblings) are planning to sell or rent the property to another party (For Commercial or Residential Use). Please let us know what are the documents are required to sell/rent the property (No will or legal declaration was executed by our Parents hence we siblings are legal heirs)

Brief query:
What are the Documents required to get legal authority rights to sell/rent the parental property & how much time it takes to prepare those documents?
How & from where get correct market value (Valuation) to sell/rent the property?
Asked 1 year ago in Property Law from Meerut, Uttar Pradesh
Religion: Hindu
Dear Concerned,

On the basis of the Death Certificate of your Father and mother , you need to get the names of all of your siblings mentioned/ updated in the Revenue Records. 

YOU might need a Legal Heir Certificate for this which you will be able to get through the Magistrate concerned. 

Once the property is on the name of all the Legal Heir, you all will be able to sell the property .

Market value and Circle rate generally differs - you can check the circle rates from the concerned patwari / thesildar office and market rates can be taken from any brokers in the market - to get a valuation certificate appoint a government certified valuation agency to do that. 

Best of Luck 
Atulay Nehra
Advocate, Noida
1029 Answers
35 Consultations

4.7 on 5.0

1) apply for and obtain letters of administration from high court in name of legal heirs 

2) carry out mutation of property in name of legal heirs 

3) you would need your father and mother  death certificate 

4) for sale of property you need original documents of title ie sale deed 

5) for valuation of property check circle rates of property in your area 

6) it should not take more than a year 
Ajay Sethi
Advocate, Mumbai
46822 Answers
2769 Consultations

5.0 on 5.0

No legal documents is required to sell the proeprty.
Since your mother died intestate all of you are now its joint owners and so all of you can jointly sell the proeprty.
There is no restraint in doing so.
So the prospective buyer will see the 1968 title deed and the death certificate of your parents and that is all.
So search fort the buyer than anything else.
Devajyoti Barman
Advocate, Kolkata
13155 Answers
175 Consultations

5.0 on 5.0

1. After the demise of your mother you and your siblings should apply for mutation and name transfer of electricity, water connection and house tax/property tax in your favour. Once all this is done you can sell the property. To be able to sell a property you have to convince the prospective buyer that your title is free and marketable, to which end you will require the original sale deed, death certificates of your parents and the mutation certificate. 

2. You can have the property valued from an independent property valuator. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

You may secure the original sale deed sanding in the name of your father.

Original death certificates of your parents.

Legal heirship certificate to be obtained from the Tehsildar/Revenue department in respect of the legal heirs of your deceased father.

Patta or 7/12 revenue records

Encumbrance certificate

The proof of your identities

Electricity consumption card, water tax, house tax records etc. 

Any other document that would be required to be produced as per local procedures. 

The guidance value of the property can be obtained from the SRO's office 
T Kalaiselvan
Advocate, Vellore
36975 Answers
403 Consultations

5.0 on 5.0

The following documents are important for sale 

1.	Death certificate of mother and father 
2.	Relationship  certificate issued from Village office 
3.	Sale deed infavour of father 
4.	Prior deed
5.	Encumbrance certificate
6.	Property tax receipt
7.	Khata certificate & extract from BBMP
8.	Possession certificate 
9.	Location sketch 

Ajay N S
Advocate, Ernakulam
2823 Answers
47 Consultations

5.0 on 5.0

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