• Transfer of ancestral land

Dear Sir/Madam,
I like to seek your help. My father who inherited his mother's ancestral land in Kerala, has died several years ago. The land is currently under my father's name and yet to be transferred. We have paid all annual taxes, etc. My father has the land transferred papers from his family members to him.

My father was a Indian citizen but later took up malaysian citizenship. However, He retired and came back to live in Indiain 1990 for 15 years before he died in India in 1998. He has 6 children and all living in Malaysia. Two of the children were born in India, but has taken malaysian citizen ships. . I and my brother have a Overseas Indian Citizen Certificate (OIC). and has regularly visited Kerala and taken care of the land. My youngest brother is married in India and his family is currently staying on the property. All children are amenable for the land to be transferred to the nominated children.

My question is how to transfer the land under my deceased father to one or two of the children. The other children in Malaysia are willing to forgo their claim to the land.

I know as a Malaysian dealing in such matters in India will be a very long and tedious and expensive exercise. 
 I will appreciate if you could let me know step by step how to get the land transferred to one or two of the children (who are Malaysians but with PIO/OCI residency certificates). How much time and costs involved in the transfer .? Your clear guidance in this matter will be very much appreciated.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) o father demise all children will have equal share in the land

2) apply for mutation of property in name of legal heirs

3) enclose father death certificate , indemnity bond ,latest receipt of payment of property taxes

4)siblings who are not interested can execute gift deed or relinquishment deed in favour of other legal heirs

5) gift deed / relinquishment deed should be duly stamped and registered

6) it should not take more than 6 months

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

1) no penalty for delay in transfer of land

2) it is necessary to peruse agreement signed by father siblings to advice

3)if they have relinquished their share by registered document your father would have been absolute owner of the land

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

1. The legal heirs of your father's property, if he died intestate, are his widow and children. If other heirs are willing to relinquish their claim then they should execute a relinquishment deed in favour of heirs to whom they desire to forgo their claim.

2. The relinquishment deed has to be registered in India before the jurisdictional sub-registrar.

3. There can be no penalty for not transferring the land. It is upto the heirs to decide when to partition the land.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Collect the legal heir certificate of your father. It will be available from the local Tehshilder or the counselor of local municipal corporation.

2. OCI certificate holders are also eligible to inherit properties in India.

3. Now all the above legal heirs of your father should execute and register a relinquishment/settlement deed in favour of your said selected children.

4. All the brothers who are residing abroad can also execute a POA in favour of the brother staying in India duly registering the same before the appropriate officer of local Indian Consulate and send it to your lawyer ij India who will arrange for the registration of the said relinquishment/settlement deed in India.

5. Collection of legal heir certificate should take a month and registration of settlement/relinquishment vdeed may take a week to be registered.

6. The stamp duty will depend on the valuation of the property and the legal fees to be charges by the lawyer will vary from lawyer to lawyer and place to place.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. There is no dispute in connection with the said property and your father had also availed the relinquishment agreement from his other brothers and sisters.

2. Since, there is no dispute so far from any other person and your father and his successors have enjoyed the possession of the said property since 1990 without any claim from any other person, it will be naturally considered as your father's property.

3. All the legal heirs of your father should now execute and register the deed of conveyance in favour of the said persons as advised in my earlier post who will now be the rightful owner of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The property left behind by your deceased property upon his intestate death shall automatically devolve on all his legal heirs equally.

However since most of the heirs are foreign citizens and it will not be possible to get a proper legal heirship certificate of your deceased father, it would be better to draw a family tree certificate giving details of all heirs of your father and get it notarised n the local by the person who is residing in India.

After this, all other legal heirs who are not interested in acquiring or inheriting their legitimate shares out of their father's properties, may either come down to India, and execute a registered release deed relinquishing their rights in the properties in favor of other heir(s) who they nominate to to acquire the said properties.

This would enable them to acquire and enjoy the properties without any legal hassle including transfer of all records on that particular individual.

The time taken for this purpose would not extend more than a day of all other formalities are kept ready.

The cost involved would be known locally.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

As you said that your father's siblings have already relinquished their rights in the properties n your father's favor on a stamp paper, that would be an evidence besides your tax receipts that your father enjoyed the properties as an absolute owner. Moreover since his siblings are not interested in the properties and they may not claim any share in it now, you may not be worried about the title to your father on the properties left behind by him.

You can concentrate on how to get it transferred to one of your siblings as per the suggestions already made.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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