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Process &time; taken to get legal heir certificate & transfer property
29-Mar-2023 (In Civil Law)
Hi, I have a house in Agartala which is in my father's name. My father (hindu) expired in 2014 in Kolkata. Being the only son, me and my mother currently stay in Chennai. My questions are: 1. How long does it take to obtain a Legal Heir Certificate? Considering the fact that I don't stay in Agt, will it be feasible for me to come for a week and get the formalities completed? (If yes, Pls suggest the cost) 2. What is the procedure to sell the house to my present tenant, who has shown interest in buying the property? 3. How to determine the price at which I could sell the property? 4. How long will the entire process of selling the property/transferring the property in buyer's name including the documentation process take place? 5.Do I need to be physically present for selling the property? 6. Can I get an experienced lawyer to assist me in these matters? If yes, how much do I need to pay as fees? I would appreciate a detailed answer to my above mentioned queries.
You will have to apply to the tehsildar's office to obtain a legal heir certificate. It may take quite time. Also, after that you will have to apply for transfer of ownership in your mother's name or your name, for which whoever is registering the property in hie/her name, the other person will have to sign a relinquishment deed. After that you can inquire about the market value of the property. And, you then will have to draft a sale deed in favor of your tenant, mentioning the consideration for which the said transfer of property is taking place. Yes you are required to be present at the time of registration, along with the witness.
It may take a month or two to complete the whole process. You can engage any good lawyer in Agartala. The fees of the lawyer depends on the him as it is not prescribed by any statute.
It may take a month or two to complete the whole process. You can engage any good lawyer in Agartala. The fees of the lawyer depends on the him as it is not prescribed by any statute.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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