• Transfer of property after father's death

Hi, 

My father passed away on 10th July 2015. The house that we presently reside is registered on his name. My mom is still alive and we are four of us; myself, my elder brother, my elder sister and my younger sister. All 4 of us are married and settled.

Its been 17 months to his demise. I would like to know the following

1. what is the % of share on the house for all 4 of us and my mom as well.?
2. Does the property needs to be re-registered? If so, what is the deadline before which the property needs to be re-registered as its been over 17 months since my father's demise and in whose's name it needs to be re-registered?
3. Can the property be registered in all of our names or can be registered to only one person?
3. What is the complete process involved in re-registration of the property?
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

3 Answers

each legal heir has one fifth share in the house

2) apply for mutation of house in name of legal heirs to municipal corporation

3) enclose father death certificate

4) property can be registered in name of all the legal heirs

5) if no objections are received mutation would be done of property in name of legal heirs

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Assuming that your father died intestate(without executing 'WILL'), then the property would devolve equally to your mother and her 4 children. In other words, each one of you would be entitled to 1/5th share in the property.

2. No need to re-register the property. You have to fill up a prescribed form available with the BBMP for transfer of Khata, enclosing notarised copies of your father's death certificate, sale deed and khata of the property and get the change in Khata certificate in all the legal heirs' names or in any other sibling's name or in your mother's name. No time limit is specified for transfer of Khata from a deceased person to his legal heirs.

3. There is no need for re-registration. You can arrange for transfer of Khata of the property in all the legal heirs' names or in any legal heir's name.

4. No need for re-registration of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

Since your father died intestate, his legal heirs would include, his wife, yourself, your brother, your elder sister and younger sister.

Since the property is your father self acquired property the legal heirs will have 1/5th Share in the house property.

the question of re-registering the property does not arise. The Municipal document called the Katha would be transferred into the joint names of all the legal heirs. For this all the legal heirs must make out an application enclosing a copy of the death certificate of your father along with a copy of the latest Katha certificate and tax paid receipt and request for transfer. If this is done, all the legal heirs become the joint and absolute owners of the house property.

You could contact your corporation office or a local advocate for this process.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer