Selling father's property
2 years ago
I am the only son for my parents. My father passed away a few months before. We are in a plan to sell our apartment which was purchased both in my father's & mother's name. We belong to Hindu community. So to sell our apartment what all additional legal documents need to be arranged apart from original deed and what all are the formalities to apply each additional documents needed? Will my mother alone can sign and make the sale? Can you please guide me?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If you are the only child of your parents then after your father's death, his undivided half share in that apartment devolved upon you and your mother and therefore your mother became the owner of undivided three fourth share and rest undivided one-fourth share devolved upon you but you have to apply through Declaratory affidavit for legal heir certificate in this regard with identity proofs of you and your mother as well as death certificate and identity proofs of your father.Thereafter change of name in the Record of Rights can be done and you and your mother become the Joint Owners as per the Record of Rights.
If you are unable to be present at the time of registration of Sale Deed,then you can give registered General Power of Attorney in favour of your mother for executing Sale Deed.
If you are unable to be present at the time of registration of Sale Deed,then you can give registered General Power of Attorney in favour of your mother for executing Sale Deed.
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A.hi,
For conveying the title of the property of your father who demised intestate, you shall have to first collect the legal heir certificate and then should register a Relinquishment Deed in favour of your mother. Transfer all the share which were in your father's name to your mothers name. additional to original deed you'll be requiring the sale agreement, registry of the said apartment, No objection certificate from your society, sanctioned plan of your apartment, and a encumbrance certificate which state that there are no dues pending in name of your apartment. After the transfering of share in your mother's name your mother can alone sign the sale deed.
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For conveying the title of the property of your father who demised intestate, you shall have to first collect the legal heir certificate and then should register a Relinquishment Deed in favour of your mother. Transfer all the share which were in your father's name to your mothers name. additional to original deed you'll be requiring the sale agreement, registry of the said apartment, No objection certificate from your society, sanctioned plan of your apartment, and a encumbrance certificate which state that there are no dues pending in name of your apartment. After the transfering of share in your mother's name your mother can alone sign the sale deed.
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A.if your mother is the absolute owner of the property then she alone can sell it else you need to get the family certification for if your father worked in Government org otherwise you have to get a succession certificate from respective courts.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
Your first must mutate the property in your mother's name. You must transfer all your father's share in your mother's name. So that, your mother could become the sole owner of the property and could enjoy all the rights including selling it anyone.
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Your first must mutate the property in your mother's name. You must transfer all your father's share in your mother's name. So that, your mother could become the sole owner of the property and could enjoy all the rights including selling it anyone.
Kindly rate if you find this review helpful
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A.Dear Sir,
Get change the entire property in the name of your mother and then sell.
Get change the entire property in the name of your mother and then sell.
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A.First of all you will have to get the share which is in your father's name transferred to your mother's and your name (legal heirs). Once that's been done then you can have the valid right to transact/sale the property to anyone.
Get the succession certificate done and then proceed for the sale.
Get the succession certificate done and then proceed for the sale.
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