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Sell a joint ownership property in which one owner is deceased
05-Aug-2024 (In Property Law)
I am a 58 years old housewife with 2 married daughters. My husband died after few years of our marriage and father in law also died many years ago. My mother in law also died during COVID. My mother in law has a daughter who is married and have 2 adult kids.
Situation: Home in which I am living is on my name and mother in law name. Now I want to sell the home. Lawyer of person to whom I am selling home is asking for a succession certificate. Is it really needed or release deed should be fine?
Since you and your mother in law jointly owned the property, her Legal Representatives' no objection would be required for selling the property. Or else, if her LRs and you choose to sell it jointly, that too can be done. but succession certificate would be required
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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Yes, Succession Certificate is often demanded as that will establish your title through succession.
This will also ensure that the property is free from any liens and no present claim on the property exists.
This will also ensure that the property is free from any liens and no present claim on the property exists.
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Adv. Kunal Sinha
Delhi | 200+ Answers
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the lawyer must not be asking for succession certificate but must be asking for surviving member certificate. it is required by the purchaser to satisfy who all are the legal heirs. it is therefore advisable to have a SMC which will help you in claiming other assets if any
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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After the demise of your mother-in-law, her succession would be as per the legal heirs. It must be equally distributed . Therefore you can’t sell
this entire property without involving your sister-in-law. Either she would jointly execute sale deed with you or else she needs to do relinquishment deed.
It’s better u hire expert advocate
B in touch
this entire property without involving your sister-in-law. Either she would jointly execute sale deed with you or else she needs to do relinquishment deed.
It’s better u hire expert advocate
B in touch
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Adv. D. Khan
Delhi | 500+ 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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