• Declaratory suit

The property is in the joint name of my mother and father. Father passed away recently. We are 4 siblings and we want the property to be exclusively transferred to our mothers name. All siblings agree to do so. Do we need to file for a declaratory suit or for a succession certificate. What will be the process to do either and in this case 3 siblings reside abroad. Would an affidavit or POA in the name of one representative among the siblings be sufficient? Please advise
Asked 8 years ago in Property Law
Religion: Sikh

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8 Answers

1.Neither declaratory suit nor succession certificate is required to make your mother sole owner of the proeprty which appears to be an immoveable property.

2.Make a deed of gift in favour of your mother transferring your respective 1/8th share to make her absolute owner of the proeprty.

3.the said deed of gift is to be registered on payment of stamp duty though.

Forget the suit.It is not the solution.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. No suit has to be filed for this. You and your siblings can execute a release deed in favour of your mother. The deed has to be registered and stamped in accordance with law.

2. Since 3 siblings are located abroad they may execute a General Power of Attorney in your favour to authorize you to sign the release deed for and on their behalf. The GPA has to be attested before the Indian Consulate.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can make a transfer deed in blood relation of your shares to your mother..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Apply for letters of administration as father died intestate

2) 4 siblings can execute consent affidavit and LA can be issued in mother name

3) succession certificate is only for movable debts and securities

4) POA can be executed in favour of one sibling

5) in the alternative 4 siblings can execute gift deed or relinquishment deed for their share in property in favour of mother

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

Court fees depend upon value of property

2) legal fees vary

3) succession certificate is not granted for immovable properties

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

Since your father died without executing any will, his one half share has devolved upon your 4 siblings and your mother. Thus his one half will be shared by you, your mother and the other 3 siblings in the ratio of 1/5. You and your other 3 siblings can relinquish your 4/5 share in favor your mother so that the property which initially equally belonged to your deceased father and mother, goes to your mother fully. You could follow this procedure for both the properties.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you all have decided that the property should be transferred entirely on your mother's name, you and your siblings together execute a registered release deed relinquishing yor rights in favor of yor mother.

The siblings residing in abroad may execute a power of attorney deed in favor of you from abroad for executing a registered release on their behalf by you.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

There are 2 properties in the joint name of father and mother. There is no will left by father. Will the court decree be applicable on both properties and what would be the legal fee of the court to give the declaration or succession certificate. Please clarify

Declaration certificate is not necessary for this.

Who advised you to obtain declaration certificate for this

Even succession certificate is not required for immovable property.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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