• Transfer of property to legal heir

I have a property which is In my grand fathers name, now the question is neither my grand father nor my father is alive. What should be the procedure to transfer the property to my name where I can avail loan from banks.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) apply for mutation of property in your name

2) enclose grand father , grandmother , father death certificate , your birth certificate ,

3) notice would be issued to other legal heirs

4) if no objections are received property would be transferred in your name in revenue records

5) if your grand father , father died without a will apply for letters of administration in your name from court . consent affidavit can be filed by other legal heirs . you would get LA in 6 months or so if there is no consent

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

It is not clear how many legal heirs your grandfather or father have left.

Do note that on the death of your grandfather his proeprty if self acquired devolves upon your father, uncles and aunts , if any.

Then on death of your father his share further devolves upon you, your mother and brother and sisters if any.

So ond eath of your father you can make n amicable partition deed and divide the proeprty among yourselves.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) you want property to be transferred in your name only

2) apply for letters of administration from court . it takes 6 months to obtain LA if there is no contest among legal heirs

3) succession certificate is only for movable debts and securities

4) partition deed is for division of property by metes and bounds among the legal heirs

5) in alternative enter into deed of family settlement

6) maximum court fees are provided for obtaining LA . for instance in Bombay it is maximum Rs 75000 irrespective of value of property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

I have a property which is In my grand fathers name, now the question is neither my grand father nor my father is alive. What should be the procedure to transfer the property to my name where I can avail loan from banks.

The property that belonged to your grandfather, if has not been disposed by him in any manner known to law, then upon his intestate death shall devolve equally on all his legal heirs, which includes, his wife, children and mother. This will include your father too.

Therefore, if your grandmother is not alive, then this property shall devolve on all the legal heirs of your father and his siblings and the legal heirs of the deceased siblings.

You should ascertain this and get the consent of everyone entitled to a share in the property to express their no objection to transfer this property on your name and your mother and your own siblings too have to express their no objection.

The most important is that everyone have to execute a registered release deed in your favor to make you the absolute owner to the property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Succession certificate is not necessary for partition deed.

Partition deed can be drawn mutually among yourselves

Succession certificate is not applicable for immovable properties.

The bank will consider grant of loan on the properties standing on your name

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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