How to sell flat of deceased father and deceased mother?
2 years ago
Transfer of flat after death of my father and mother..
Hi, My father and mother died suddenly leaving no will. Father and Mother has a flat in CHS Nerul, Navi Mumbai.We are 2 brother's and we want to transfer the flat in our name. We want to sell the flat immediately. We had applied for Legal heirship Certificate in Thane and paid stamp duty too and Jt. Civil Judge, SD.Thane has issued us legal heir certificate. Is there need of another procedure or we can sell property now directly with legal heir certificate only
Pls suggest the process.
Thanks,
A.Dear Client
As per the law once you have received the legal heir certificate then you need to apply for succession certificate at the court of proper jurisdiction. Once the court has issued the succession certificate then you can go ahead and get the property registered in your names.
As per the law once you have received the legal heir certificate then you need to apply for succession certificate at the court of proper jurisdiction. Once the court has issued the succession certificate then you can go ahead and get the property registered in your names.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is advisable to record on the basis of that Legal Heir Certificate your and your brother's names in the Record of Rights in the place and stead of your deceased parents, so that the prospective buyer at the time of property searching will become satisfied about the absolute ownership of your and your brother in respect of that flat. The prospective buyer may ask for Declaratory affidavit and for public notice to become certain about the ownership as well as to become aware that the property is subject to sell by the true owners and such sale is free from all encumbrances whatsoever.
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