• Property transfer after father's death

Good morning sir,

1)My father passed away few months back. The property in his name needs to be transferred in my mother's name.
What legal formalities needs to be done?

2) i have now become the new karta of my FATHER's HUF . Do i need any legal formalities to be done for the properties already owned by my father's HUF?

3) can i buy a new residential property in my father's HUF (i am the new karta) name in partnership with my mother name ? 

4) should i start using MY HUF along with my FATHER's HUF ? 
(*I will be the karta of both the HUF) 
(*6 months back i got the new pan card of MY HUF but have no bank Ac/used it for any purpose yet) .
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) apply for mutation of property in your mother name

2) enclose father death certificate

3) gift deed or relinquishment deed by other legal heirs

4) if no objections are received property would be mutated in mother name

5) your mother can also apply for letters of administration from court

6) consent affidavit can be executed by other legal heirs to relinquish their interest in father property

7) court would in case no ob case is received from any legal heir issue letters of administration in your mother name

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Create a gift deed or relinquishment deed infavour of your mother withregard to your father’s property.An HUF is a separate entity that can be created by members of a family, wherein the members are lineal ascendants or descendants.A single person cannot create an HUF. Usually the senior-most member of the family is considered the karta, the person who manages the affairs of the HUF.Once a person gets married, an HUF is automatically created. But to be recorded by tax authorities, it needs to have an income-generating asset, which can only come as a gift from a relative or through a Will for all members of the HUF. Once it has such an asset, the HUF needs to be registered in a particular name and other formalities such as opening a bank account and acquiring a Permanent Account Number (PAN) have to be done.an HUF cannot be broken into parts; all members have to agree to dissolve an HUF

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. For conveying the title of the property of your father who demised intestate, you shall have to first collect the legal heir certificate and then all the legal heirs should register a Relinquishment Deed in favour of your mother relinquishing their shares of their father's property in favour of their mother.

2. Get a resolution signed by all other family members of the said HUF to accept you as the Karta of your father's HUF. You shall have to submit copy of the said resolution to all concerned like .Tax department to substitute your name in place of your father as the Karta of the HUF.

3. Your HUF can buy any property jointly with any other HUF or individual including your mother.

4. You can be a member as well as Karta of both the HUFs.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If your father died intestate then his properties shall devolve equally on all his legal heirs.

All the legal heirs can jointly execute a registered release deed relinquishing their rights in favor of your mother after which the properties can be mutated in her name and all the records can be transferred to her name.

2. The oldest son shall become Karta of the HUF in the event of death of the father/Karta. The formalities like new PAN card shall be obtained

3. As a Karta you can buy new properties under HUF, but there is no question of partnership with your mother, since she is also one among the member of the HUF she will be automatically entitled to a share in the HUF property.

4. You can start your own HUF involving your own family members but it need be mingled with your father's HUF

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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