What is the procedure of selling a joint ownership property in which one owner is deceased ?
I. 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 has 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. What all documents are mandate in this situation? Like release deed can solve the purpose or succession certificate is also needed?
As the property is jointly owned by you and your mother-in-law, after her death her legal heirs like here her daughter can also claim for the property. If there is no objection to hand over the property to be sold for your needs, then she will have executed the release deed in your favour, which has to register at the local sub register office. You can obtain the succession certificate if her legal heirs are unwilling to execute the deed. After obtaining the release deed or the succession certificate, the property documents have to be updated to reflect the ownership in your name.
Ma’am, firstly the death certificate of your mother-in-law is required along with the release deed and Succession certificate. If you do not have a Succession certificate, you may apply for it in the civil court to legally transfer the property. For further legal assistance contact us on our helpline number.
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