Legal Question in Real Estate Law in India

I have a house property in parbhani (maharashtra) registered in my fathers name since he is no more we want to sell the property and we had entered into an agreement with third party for sell but before registration TP wants the property to be transfered in my mothers name and then sell can you suggest what documents are required for transferring in my mothers name since my fathers has left no will and we have all the original documents of property to be sold with us we are two siblings myself son and one married sister


Asked on 11/27/10, 5:54 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Transfer by inheritance or succession does not require any documents.

One need to apply with an affidavit and death certificate of deceased to have names of legal heirs of the deceased recorded in the records of the property.

If your was father was a Hindu, then your mother alone can not inherit the estate of father. Your mother and both son and daughter would have equal shares.

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Answered on 11/27/10, 8:35 pm


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