Sale property of deceased where minor is legal heir
7 months ago
My husband was expired in 2021, the builder flat owner was Me and my husband, now I need to sale the property for future. My two children Son as major and daughter as minor are the legal heir of the property. Please guide what procedure and documents are required to sale the property.
A.Dear Client,
I'm sorry to hear about your husband's passing. To sell a property in India as a legal heir, you will need to follow a specific procedure and provide the required documents. Here is a general overview of the process:
Obtain Legal Heir Certificate: As the legal heir of your late husband, you should obtain a Legal Heir Certificate from the local authorities. This certificate is typically issued by the local Tahsildar or the Revenue Department. You may need to provide documents such as your husband's death certificate, your marriage certificate, and your identification documents.
Transfer of Property: Since your children are also legal heirs, you may need to transfer your late husband's share of the property to their names. This can typically be done through a deed of transmission, which will transfer your husband's share to his legal heirs. Consult with a lawyer to prepare the necessary documents.
Mutation of Property: Once the transfer is completed, you should apply for the mutation of property records with the local municipal authority or development authority. This will update the property records to reflect the change in ownership.
Sale Agreement: After completing the above steps, you can enter into a sale agreement with the buyer. The sale agreement should include all the details of the property, the sale price, and the terms and conditions of the sale.
No Objection Certificate (NOC): You may need to obtain an NOC from the housing society or association where the property is located, stating that they have no objection to the sale.
Property Title Search: It's advisable to conduct a property title search to ensure that the property's title is clear and free from any encumbrances or disputes.
Stamp Duty and Registration: Pay the applicable stamp duty and register the sale deed with the local Sub-Registrar of Assurances. Both the buyer and seller should be present during the registration process.
Capital Gains Tax: Depending on the capital gains arising from the sale of the property, you may need to consider the tax implications. Consult with a tax advisor for guidance on this matter.
Bank Loan Clearance: If there is any outstanding loan on the property, ensure that it is cleared before the sale, and obtain a no-dues certificate from the bank.
Handover Possession: After completing the legal and financial formalities, hand over possession of the property to the buyer.
Update Records: Finally, make sure to update all records, including property tax records, to reflect the change in ownership.
Thank you.
I'm sorry to hear about your husband's passing. To sell a property in India as a legal heir, you will need to follow a specific procedure and provide the required documents. Here is a general overview of the process:
Obtain Legal Heir Certificate: As the legal heir of your late husband, you should obtain a Legal Heir Certificate from the local authorities. This certificate is typically issued by the local Tahsildar or the Revenue Department. You may need to provide documents such as your husband's death certificate, your marriage certificate, and your identification documents.
Transfer of Property: Since your children are also legal heirs, you may need to transfer your late husband's share of the property to their names. This can typically be done through a deed of transmission, which will transfer your husband's share to his legal heirs. Consult with a lawyer to prepare the necessary documents.
Mutation of Property: Once the transfer is completed, you should apply for the mutation of property records with the local municipal authority or development authority. This will update the property records to reflect the change in ownership.
Sale Agreement: After completing the above steps, you can enter into a sale agreement with the buyer. The sale agreement should include all the details of the property, the sale price, and the terms and conditions of the sale.
No Objection Certificate (NOC): You may need to obtain an NOC from the housing society or association where the property is located, stating that they have no objection to the sale.
Property Title Search: It's advisable to conduct a property title search to ensure that the property's title is clear and free from any encumbrances or disputes.
Stamp Duty and Registration: Pay the applicable stamp duty and register the sale deed with the local Sub-Registrar of Assurances. Both the buyer and seller should be present during the registration process.
Capital Gains Tax: Depending on the capital gains arising from the sale of the property, you may need to consider the tax implications. Consult with a tax advisor for guidance on this matter.
Bank Loan Clearance: If there is any outstanding loan on the property, ensure that it is cleared before the sale, and obtain a no-dues certificate from the bank.
Handover Possession: After completing the legal and financial formalities, hand over possession of the property to the buyer.
Update Records: Finally, make sure to update all records, including property tax records, to reflect the change in ownership.
Thank you.
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A.Dear Madam,
First get change the khata in your name by taking NOC from your son who attained age of majority. Then sell the property. If purchasers are ready to purchase property even if it is standing in the name your deceased husband it is also well and good. Your concern must be receiving sale amount in cash or transfer to your account or by bank draft.
First get change the khata in your name by taking NOC from your son who attained age of majority. Then sell the property. If purchasers are ready to purchase property even if it is standing in the name your deceased husband it is also well and good. Your concern must be receiving sale amount in cash or transfer to your account or by bank draft.
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