Father and mother owned land but father expired. Children's are minor Father and mother owned land but father expired. Children's are minor

7 months ago

Can we go for a partition deed without the legal hire certificate and sell the mother share to others.

Anik

Responded 7 months ago

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A.Dear client,
Property of Deceased CANNOT be sold without mutual & consenting signatures of ALL residual legal heirs.
If any term mentioned in the Partition Deed like there are no other heir left, then there is no other document needed.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
In a jointly owned property, if one owner dies leaving the property intestate, then all the surviving legal heirs are entitled to an equal share of the property in respect of the share of the deceased owner in jointly owned property including your mother. Documents required for filing a partition suit before the Civil Court are Certified copies of all title deeds of the property, including the description of the property. Valuation of property. Birth and Residence proof of the legal heir. Death certificate of the deceased owner, in original. A legal heir certificate is usually required to transfer electricity connection, property tax, telephone connection, patta transfer, mutation of property, bank account, etc. It is a document of proof of legal heirs, and won't create any title over the property by itself. Your mother being a joint owner of the property can sell/dispose of her share in the property including the share of her deceased husband i.e, your father to others as per her choice.
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Vidhi Samaadhaan Vidhi Samaadhaan

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