90,000+ Legal Questions Answered
Selling of property after death og title holder
3 years ago
My father died intestate. He has multiple properties in his name's. My mother , me and 2 sisters are legal heirs. My sisters are not interested in those properties.
But for giving relinquishment deed in favour of my mother or me they are far away from property jurisdiction.
Give us best advise so that we can sell property in future without our sisters presence .
A.) I have gone through your query in detail.
1) As your father has died intestate, i.e. Without making a “WILL” you will first have to apply to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in that city/State.
2) NOC in an Affidavit form can be given by your sisters which can be submitted in the court so that there are no more claims related to the property.
3) The court shall issue you a succession certificate within 6 months from the date of application.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
1) As your father has died intestate, i.e. Without making a “WILL” you will first have to apply to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in that city/State.
2) NOC in an Affidavit form can be given by your sisters which can be submitted in the court so that there are no more claims related to the property.
3) The court shall issue you a succession certificate within 6 months from the date of application.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
Helpful
Helpful
Share
A.Please try practically instead of asking multiple questions. Approach the Sub Registrar and they are masters on the subject.
Helpful
Helpful
Share
Shreesh Chadha
Responded 3 years ago
A.Sir, you will have to get Gift Deed executed. For various reasons, Gift Deeds are more secure than relinquishment deeds. It is also important to be sure of the terms and conditions, so the Gift Deed needs to be drafted very carefully to avoid any future liabilities.
Regards
Adv Shreesh Chadha
Regards
Adv Shreesh Chadha
Helpful
Helpful
Share
Read Related Answers
Darkast agriculture land sale
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Mutation of property in authority records based upon registered gift deed
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Sell disputed property
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
Division of Property among Brothers and Sisters Bihar State
Dear Client,
The property of a married female Hindu dying intestate shall devolve according to the rules set out in Section 16 of the Hindu Succession Act, 1956 which include her husband, children, a...
Intestate Residential Property
Dear Client,
When your maternal grandfather passed away leaving the property intestate, i.e, without a Will, then on his demise, all the surviving legal heirs are entitled to an equal share in the sai...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location