Sale deed

Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. Grandfather property is ancestral property in the hands of grandchildren. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. A legal heir certificate is an important document that establishes the relationship between the deceased person and his/her legal heirs. Two common documents are required for processing and issuing a Legal Heir Certificate(Haisiyat praman patra) of a deceased person, one is a death certificate of the deceased person and an affidavit sworn by any one of the family member declaring therein the details of all surviving legal heirs or family members of the deceased apart from other routine documents certifying the identities of the legal heirs. A legal heir certificate is issued by the concerned Municipal Authority or Tehashildar under whose jurisdiction the deceased or surviving legal heirs permanently reside. So, you need to apply before the said authorities, attaching therewith all the above-stated documents or as required by the concerned authorities for the purpose. Being a coparcener and legal heir of the said undivided ancestral property, once a legal heir certificate is obtained from the concerned authorities, you alone or togather with other legal heirs can file a civil suit seeking a decree of partition in the jurisdictional civil court to obtain individual share by all the legal heirs in the said ancestral property. Once an undivided ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members/legal heirs of the deceased owner who have received it which gives such family members an unfettered right to deal with such property including right to apply for mutation of individual share of land before the concerned Land Revenue Authorities post-registration of the property in their names based on the partition decree. Mutation entries reflect changes in ownership, possession, or other details related to a property. It enables the person in whose favour mutation is ordered to pay the land revenue in respect of land in question. To update the Record of Rights, Tenancy, and Crops (RTC) and mutation records to reflect the rightful owner, you need to apply for mutation of the property with the concerned land revenue authorities. This involves submitting an application form along with supporting documents and identity proof along with prescribed fees The revenue officials will then verify the documents, if required may conduct field visits, and issue a public notice inviting objections before approving the mutation. Once approved post-verification of application and supporting documents, the land records, including the RTC, will be updated to reflect the new owner's name. If you encounter with any complexities or disputes, it's recommended to seek legal advice from a lawyer specializing in property matters.