• Change of property ownership from Father to 4 sons and a sister

Our father died one and half year back and our property is in Gujarat, Anand district (small town called Khambhat). Our mother is alive and she wants to change the ownership to all their children.

Kindly guide (step by step) me to change the ownership.

what other information and documents required to change the ownership.

Humbly request for your help.

Best Regards
Vidhyanand Gupta
+[deleted]
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) on demise of father property would devolve on mother and her 5 children

2) mother can execute relinquishment deed for her one sixth share in property

3) relinquishment or gift deed should be duly stamped and registered

4) then apply for mutation of property in name of 5 children

5) enclose father death certificate

6) proof of payment of property taxes till date

7) birth certificate of legal heirs

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

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

On the demise of your father his property devolved through succession on his widow and all children equally, presuming that his mother his dead. Your mother can thus execute a gift deed of her share in favour of her children. The gift deed has to be registered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) your sister can execute relinquishment deed for her share in property

2) if she is abroad she can execute POA in favour of family member

3) the POA should bear your sister photograph and attested before indian consulate

4) stamp duty is state subject and varies from state to state

5)in case birth certificate is not available ration card reflecting name of legal heirs would suffice

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

If your father is reported to have died intestate then his property now devolving on all his legal heirs, if decided to be shared on the children alone, then the mother can execute a registered release deed relinquishing her rights in the property.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1) Can my sister also execute relinquishment deed? In case if she is not present here and if she is abroad; what other options are available to execute RD? In case of RD, what percentage of stamp duty and registration charges are applicable?

Your sister has to be present before the registrar's office to execute a registered release deed relinquishing the rights in the property.

The stamp duty since is a matter that differs from one state to another, may be enquired locally.

There wont be any necessity of birth certificate if you are able to provide some other documentary evidences including legal heirship certificate issue by the revenue department. '

What do you want to get the no objection certificate for.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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