• Inheritance of parental property

My name is Shivangi and I am the only child of my parents and I am unmarried. My dad expired in 2008 and properties in his name were then transferred to my mother. My mother also expired this year and now I want the properties to be transferred to my name. What is the procedure for transfer of these properties and what legal recourse I have if any of the relatives try to fraudulently transfer properties in their name.

Also my grandfather has properties in his name, what right I have on those properties. My grandfather is still alive.

My grandfather has 3 sons(including my father) and one daughter.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. On the death if your parents all of their properties are already transferred to you by law of inheritance.

2.Probably you mean to say you wan to mutate your name in the proeprty register .

3. For that you have to apply for the same with the concerned Municipality or revenue Authority with the death certificate of your parents.

4.if your parents have left no legal heir except you, your relative can not get it, more so, when there was no joint proeprty with your father.

5. if your father has any joint proeprty with your uncles you can file suit for partition to claim your due share.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. If you are the only child of your parents then you have succeeded absolutely to the self acquired and separate properties of your father and mother. So you should apply to the local tehsil office for mutation of inheritance in your name.

2. Since your grandfather is alive none of his heirs has any right to claim a share in his properties during his lifetime. During his lifetime he is free to bequeath, sell, gift or mortgage his properties to anyone he desires, whereas if he dies intestate then his properties will devolve through succession on his heirs including you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) apply for mutation of proeprties in your name

2) enclose mother detah certifcate

3) notice would be issued to relatives

4) if no objection is received muattion of property would be done in your name

5) you have no right on grand father properties during his lifetime

6) if grand father dies intestate ie without a will you would inherit your father share in proeprties

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

The properties lying on your father's name shall automatically devolve on all his legal heirs or successors in interest.

Since you are the only legal heir to your parent, you can obtain a legal heirship certificate from the Tahsildar's office, and along with the certificate and death certificate you may first obtain mutation of property records on your name and also get all other records transferred to your name.

As far as your grandfather's properties, he only has full rights in it during his lifetime, so during his lifetime you cannot claim any share in it legally.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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