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can we sell property after making family settlement


25-Feb-2023 (In Property Law)
Sir kindly help my father having shop Which is MAHADA approval but on of sudden he died as there is no nominee in shop we are 3 brothers & 1 sister now we want to sell that shop & distribute that amount equally among us when we asked in society to transfer share certificates to us as we have death certificates of our father chairman of society said to get approval from MAHADA so we went to mahada officer said u need to get succession certificate on basis of that we will release order to society to transfer share certificate in your name. Sir kindly suggest
Answers (2)

Answer #1
913 votes
Dear client for the transfer of shop standing in the name of ur deceased father u have to obtain a Heirship/Succession certificate as he died without making any nomination...after the death of ur father u all being a legal heir, first decided the name of any one of ur on whose name Heirship certificate or succession certificate to be obtained and accordingly u have to make the application before the concern court...once u get the Heirship certificate u can enter the tranfer the said shop and also sale the same...
Answer #2
848 votes
Hello!
Yes it is true that you need to obtain succession certificate. when person dies without making will successors are required to obtain succession certificate from the court. As it shows that there are no other successors other than you. If your mother is alive she will also get share in this property.

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