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Property registered in mothers name how can we sell after her death


13-Jul-2023 (In Property Law)
Our house being registered in our mother name while our father was alive. Now Both are passes away. The above mentioned property has to be sell to interested party. Could you suggest what are all the changes required in document aspects and any other declarations needed?.We belongs to Hindu community.
Answers (3)

Answer #1
875 votes
On the demise of your parents without a will the property owned by them divides among the existing class 1 legal heirs. From your father and then a again a partial share from your mother as per Hindu succession. Need the list of living descendant at the demise of your father and mother to array a ratio of the respective shares.
You need to obtain the succession certificate of your father and mother by producing necessary documents such as death certificate and living address proof ( family card etc., to show the relationship) from the relevant authority. on obtaining succession certificate you may change the possessory title if necessary and can sell to others.
Answer #2
527 votes
Obtain a legal certificate, subdivide the properties among the co-share holders, register a partition deed, get the revised patta in your name, and now sell it.

Obtain a legal certificate, subdivide the properties among the co-share holders, register a partition deed, get the revised patta in your name, and now sell it.
Answer #3
672 votes
Since this property is standing in your mother's name, upon her intestate death the same shall devolve equally on all her legal heirs.

Her legal heirs shall be her own children

Now to prove that they are the legal heirs, they have to obtain legal heirship certificate from the Revenue department or the Tahsildar.

After obtaining that legal heirship certificate, they may apply for mutatio or revenue and transfer of other records of the property on their names.

Subsequent to all above, the legal heirs can jointly sell the property to the prospective buyer

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