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Selling a property in the name of a deceased father
10-Mar-2023 (In Civil Law)
My father died last year. He has a piece of land that we intend to sell. We are 2 brothers and my mother is also alive. All are in agreement for the sale.
My question is - Since one of the brother lives outside Delhi and cannot travel frequently to Delhi, if we get a seller, can the property directly be transferred to the buyer? Or does the property need to be first registered in all 3 names (mother and 3 sons) and then second step will be to sell it (this will be longer and may mean multiple visits to Delhi)
Query perused. Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive). First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate. After making enquiries, the Tehasildar will issue the legal heir certificate. On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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In this you and your family members can make a Relinquishment deed and for that one has to go to sub-registrar's office only for once . By making a Relinquishment deed and register it in sub registrar office you can relinquish your right in the name of one member. After that only member is entitled to sell the property
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Adv. Mayur Chhabra
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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