How do we go about the process of transferring the land which is in my fathers name(who passed away in june 2015) to my mothers name, we are 2 siblings, me and my brother. what are the documents we need to provide for this to her , what would be the format of NOC for the land transfer that need to be given to my mother by us. also is there any other document we need to provide so that she is the sole heir of the property. she would like to gift this property to me at the later stage.I am abroad at the moment. Please advise whats the best method. Regards, olivia
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1. On the demise of your father his land has devolved through succession on his widow and children. If you and your brother wish to transfer your share to your mother and thereby make her the absolute owner of the land then you may execute a relinquishment deed in her favour, whereupon she can apply for mutation in the office of tehsildar. The relinquishment deed is required to be registered.
2. Apply for mutation before executing the relinquishment deed.
After the demise of your father all the legal heirs have equal right over the property. If you want to transfer the sole ownership of the property in your mother’s name then register relinquishment deed or settlement deed in favour of your mother. Death certificate along with relationship certificate or legal heir ship is the additional documents which need in future
After getting the absolute ownership to your mother she can gift the same to you in any time by creating a Gift deed in favour of you.
where is the land situated ?
2) if your father died intestate apply for letters of adminstration of property in name of the legal heirs
3) you need to enclose father detah certifcate
4) if you want land to be transferred in mother name then apply for letters of adminstration in her name . you and your brother can file consent affidavit relinquishingg your share in land
5) it does not take more than 6 months
6) then apply for mutation of land in mother name
7) enclose letters of adminstration obtained from court
8) indemnity bond , affidavit in support
9)latest receipt of payment of property taxes
1. All of you shall have to execute and register a settlement deed duly conveying the title of the entire property in favour of your mother.
2. After the said registration of settlement deed, your mother will legally become the sole owner of the entire property for which she can mutate her name in the land records.
3. After that she can deal with her said property in any way she fee;ls like including registration of a gift deed in your favour.
You can execute affidavit before the high commission declaring no objection to transfer khatha of perticular property in your mother's name. And send it to her. Shee need to produce the same to the authorities here.
If you and your sibling have rights and a legitimate share in the property left behind by your deceased father who is reported to have died intestate, then this will be considered as intestate succession as per Indian Succession act.
Under this law, you and your sibling, if want to relinquish your rights i the property, you both can either execute a registered release deed jointly or separately in your mother's favor.
If you are residing in abroad, you may execute a power of attorney deed from that country itself duly attested by a notary or an Indian embassy higher officer of that country, send it to India to the person who you appoint as your lawful attorney, he would execute the registered release deed on your behalf in your mother's favor.
Once the release deed is executed in your mother's favor, she will become the absolute owner of the property with marketable title.
After that she can transfer the property to anyone of her choice in any manner as prescribed in law, at her will.
