Can one sell a Property registered in the name of deceased parent without doing a property transfer to one's own name first
5 months ago
Hi, For a residential property - land and house thereon, owned by a deceased Hindu parent (passed away without a will) with property still registered under parent's name, any suggestions on the best way to dispose of the property ? All sons/daughters are alive and all aligned to sell.
- Any way for the children to sell the property to a third party without first transferring to themselves first ?
- What are the pros/cons of the different approaches ? wrt Duties and Taxes ?
A.Dear Client,
In India, when a Hindu person passes away without a will, the property is typically inherited by the legal heirs according to the Hindu Succession Act, 1956. The legal heirs, in this case, would be the children. The property can be distributed among the children, and then they can collectively decide to sell it. The legal heirs may need to obtain a succession certificate from the court to establish their right to the property. This certificate is often required for transferring assets in the absence of a will. After obtaining the succession certificate, the legal heirs can apply for the mutation of the property in the revenue records to reflect their ownership. Once the legal heirs are recognized as owners, they can enter into a joint sale agreement to sell the property to a third party.
In India, when a Hindu person passes away without a will, the property is typically inherited by the legal heirs according to the Hindu Succession Act, 1956. The legal heirs, in this case, would be the children. The property can be distributed among the children, and then they can collectively decide to sell it. The legal heirs may need to obtain a succession certificate from the court to establish their right to the property. This certificate is often required for transferring assets in the absence of a will. After obtaining the succession certificate, the legal heirs can apply for the mutation of the property in the revenue records to reflect their ownership. Once the legal heirs are recognized as owners, they can enter into a joint sale agreement to sell the property to a third party.
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A.Dear Client,
When parents pass away leaving the property intestate, i.e without any will, then all the surviving legal heirs are entitled to an equal share in the said undivided property and to obtain individual shares, surviving legal heirs have to obtain legal heirs certificate from the competent authority (Municipality/Panchayat etc) or a succession certificate from the respective Court. You and other surviving legal heirs shall apply for a legal heir certificate from the competent authority or a succession certificate from the Court to transfer the ownership/title in favour of you all in equal share and get it mutated in the name of legal heirs with the land revenue deptt. Until and unless all the legal heirs get ownership of their individual share in the property and get it mutated in their individual name with the Land Revenue Deptt, Municipality or any other authority, legal heirs cannot dispose of the property to others. The cost of the court fees in a suit for Succession certificate depends upon the value of the property and professional fees vary from case to case depending on the complexity of the case. Without being an owner of an encumbrance-free property, legal heirs cannot transfer/alienate the title of any property to others. After obtaining the ownership of the property, owners of individual shares of the property can authorize or empower any one of them to act on behalf of them to sell the property. Get in touch with an Advocate for further guidance and steps.
When parents pass away leaving the property intestate, i.e without any will, then all the surviving legal heirs are entitled to an equal share in the said undivided property and to obtain individual shares, surviving legal heirs have to obtain legal heirs certificate from the competent authority (Municipality/Panchayat etc) or a succession certificate from the respective Court. You and other surviving legal heirs shall apply for a legal heir certificate from the competent authority or a succession certificate from the Court to transfer the ownership/title in favour of you all in equal share and get it mutated in the name of legal heirs with the land revenue deptt. Until and unless all the legal heirs get ownership of their individual share in the property and get it mutated in their individual name with the Land Revenue Deptt, Municipality or any other authority, legal heirs cannot dispose of the property to others. The cost of the court fees in a suit for Succession certificate depends upon the value of the property and professional fees vary from case to case depending on the complexity of the case. Without being an owner of an encumbrance-free property, legal heirs cannot transfer/alienate the title of any property to others. After obtaining the ownership of the property, owners of individual shares of the property can authorize or empower any one of them to act on behalf of them to sell the property. Get in touch with an Advocate for further guidance and steps.
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