• Transfer of property to legal heire

Our family chart goes like this

My grand father has 5 children

I am elder son of his eldest child

Both my grand father and my father are expired, where the property is still in my grand fathers name

Now I would like to get a small part of this property into me and my siblings names

One of the retired registrar advised me to go for a release deed signed by my grand mother and my fathers siblings attaching both the death certificates

In future I would like to acquire a loan on this property for which I need a perfect documentation

Should I go for the release deed or the gift deed?

should I and my fathers siblings apply for the Legal heir certificate in court ? 

If yes, how much time would court take to issue Legal heir certificate?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1)on demise of grand father your grand mother , your father and his siblings had one sixth share in property

2) grand mother and other siblings can execute gift deed or relinquishment deed for relinquishing their share in property . it should be duly stamped and regd

3) on father death his one sixth share would devolve on your mother , you and your siblings

4) you need letters of administration as grand father died intestate . consent affidavit can be executed by other legal heirs

5)letters of administration / legal heir certificate should not take more than 6 months

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

Your grandmother can execute gift deed in your favour

Similarly other legal heirs can execute gift deed

Then apply for mutation of property in your name

Contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

For obtaining legal heirship certificate you need not approach court.

You can get it from the Tehsildar office or the local revenue department.

This will be a matter of 10 to 15 days.

This property belonged to your grandfather, hence upon his intestate death it will devolve on his own legal heirs consisting his five children and the grandmother.

If the grandmother relinquishes her right then hr property shall fall on the other heirs.

You shall be entitled to a share out of your father's share in the property provided he is reported to have died intestate.

If you would like your siblings and your mother including grandmother to transfer the property to your name then all of them can execute a release deed in your favor.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

What would you recommend me to go for gift deed or release deed?

Could you also tell me implications of both in future?

Under such circumstances it is always better to get a registered release deed from all the other people relinquishing their rights in the property,

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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