There is property In joint name of my father and mother. Now my father has died. I am the only son. Now, I and my mother want to sell the property.As the property is in Joint name of my father and mother whether succession certificate is necessary before selling of property or mother can directly sell it...
By producing death certificate of your father first get the Katha changed in the name of mother and she can sell the same without any succession certificate.
- As per law, after the death of your father , his share in the joint property will be devolved upon you and your mother.
- Since , your mother is already one of the owner , hence now, you and your mother become owner of the said property.
- Hence, you and your mother can sell the said property without succession certificate directly.
First get the property changed in the name of your mother and then sell it without any succession certificate.
FIrst get change the Katha in the name of your mother by producing the death certificate of your father. Then you can sell the property through your mother.
The share of the deceased father devolves upon the heirs.Here,the heirs to father are mother and yourself being the only son for which documentary evidence is required.You can get a Heirship certificate in respect of your deceased father from the Revenue Authorities,the process which is less cost effective one.After obtaining the Heirship Certificate,the property can be sold by mother and son together attaching a copy of the death certificate and the Heirship Certificate after mentioning both in the sale deed.
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