How do I legally sell inherited property after parents' death?
Hi Sir, I would like to sell a property that is in my father's name, as both my father and mother have passed away. I have one brother and four sisters. Could you please help me understand how to proceed with this?
To sell a property that was in your father's name, you will need to follow specific legal steps, especially since both of your parents have passed away. So you will first need to establish all legal heirs, which would include you, your brother, and your four sisters, as per inheritance laws by obtaining a legal heir certificate, which requires your parents' death certificates and proof of identity for all heirs. Next, apply for mutation of the property records at the municipal office to reflect the inheritance. Since the property has multiple heirs, everyone’s consent is necessary for the sale. Finally, once all permissions are in place, execute and register the sale deed to complete the transaction.
To legally sell inherited property in India, you can follow these steps: 1. Obtain legal documents Gather documents such as the succession certificate, legal heir certificate, and letter of administration. You may also need a copy of the probate, which is a certified copy of the will. 2. Update property records Once the sub-registrar is satisfied with the documents, they will update the property records with the name of the legal heir. 3. Apply for a property certificate The new owner can apply for a property certificate in their name. This document will allow them to sell the property or take out a loan against it. If you have a legal heir certificate, you can sell the property with the written consent and NOC (No Objection Certificate) from all other legal heirs.
Sir, as you have one brother and four sisters and all of you are legal heirs so under inheritance laws, the property will be divided among all legal heirs. If all siblings agree on how to divide the property or if one person is selling it you can consider drafting a family settlement agreement. For further legal assistance contact us on our helpline number.
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