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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.
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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)
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A.Please try practically instead of asking multiple questions. Approach the Sub Registrar and they are masters on the subject.
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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.
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Adv Shreesh Chadha
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Adv Shreesh Chadha
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