can a legal heir of a deceased person sell a property?



my father died last year,i’m the only child surviving,i’ve obtained a legal heir certificate from the court and now i want to sell a flat which my father bought 10 yrs ago.i live in kolkata.am i eligible to do that?

can a legal heir of a deceased person sell a property?
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4 Replies to “can a legal heir of a deceased person sell a property?”

  1. You should contact the mortgage company if the house has a loan on it. If there was no will, you would need to be appointed administrator of your father’s estate. I don’t know if a legal heir certificate will be enough to sell a deceased person’s property.

    Maybe consult with a real estate agent or real estate lawyer. They would be able to tell you better.


  2. yes you have a legal right to sell property provided your father has made any will in your favour and same is legalised by the court. if there is no will than court orders in your favour indicating clearly that property belongs to you. in both the cases you have to apply to the concerned authority dealing with land ownership and subnit the flat papers to get it transfered in your name or get it registered with the registrar office as the case may be. if you have flat in society flats than you need to get the ownership transfered in your name from society office..


  3. Talk to a lawyer.

    If he has a clear title, it is likely yes.


    Kasey C, PC guru since Apple II days
    Enthusiasm wanes, but dullness lasts forever.


  4. Indranil, it is always good for the asker to mention that he is an Indian.

    A legal heirship certficate is good enough, but the real document is a Succession Certficate obtained from a competent court.

    Also you have not mentioned if your mother and grandmother are surviving. They are also Class 1 heirs to the property, as per The Hindu Succession Act.

    If there are other legal heirs, then you can obtain a Release Deed from each of them in your favour. This will make you the sole owner.

    HMT





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