Registration of property after sale agreement
Query on inherited property of Hindu family regarding registering of the inherited property/site to purchaser (when sale agreement has already happened) • We inherited the self-acquired property of our father who died about 36 years ago.Subsequently Katha transferred in our mother's name. We the legal heirs/successors:Mother-daughter-son jointly entered into sale agreement( in July 2016), with purchaser. • Our mother expired this September 2016. She did not write a will/ gift deed to any body regarding her share of property before her death. • We, both the children of her, offered to register the property in favor of purchaser. But the purchaser insist that legal successors have to transfer the Katha in their name and then only registration is possible. Our Query:As we have already entered into sale agreement with purchaser, is it legally permitted or not to proceed for registration/sale deed with the purchaser(Along with submitting death certificate of mother). Please feedback with confidentiality Thanks and Regards.
Mutation is process by which an individual, through a prescribed form submitted
with the local municipal authority, can transfer title of property upon himself on the
death of his predecessor. Here upon submission of the form along with death
certificate of the deceased the municipality transfers property tax, electric meter etc.
onto the name of the successor. This process changes title from predecessor to
successor.(legal heir)
Under the circumstances given by you the most convenient way to execute the sale
deed, would be to mutate the property onto your name with the local authorities and
enter into a fresh sale agreement and deed with your purchaser.