Hi , In my maternal (Kolkata) home deed, the property owner has been given as my mother's name, my father's name (late) & my mother's uncle's name who is very old in age now. They want to hand over the property to me now. My Query is: 1) What is the procedure to do so? 2) What are the documents required (from my side & from property owner's side both) 3) Expenses involved in the total process. 4) Since my father is expired in 2015, any issue for the same? Note: I am currently staying in Hyderabad for my job. Thanks, Piya Sarkar, +[deleted],
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1) your father has one third share in property
2) on his demise his share would devolve on your mother name , your name and that of your siblings
3)apply for mutation of father share in your name and mother name .
4) enclose father death certificate
5) your mother / uncle can execute gift deed to transfer property in your name
6) gift deed should be stamped and registered
7) legal fees vary depending upon lawyer engaged by you
8) court fees is state subject and varies from state to state
Since you father is no more and he has 1/3rd share in this property, his share will automatically devolve upon you and your mother and your other siblings, if you have any. As regards to the other 2/3 share which is currently held by your mother and your uncle, they can transfer the same to you by way of a gift deed. The stamp applicable and the registry fee would be told to you by a local lawyer. He will also charge some fee for preparing the documentation and the said fee will very from lawyer to lawyer.
The documents that are required are id proofs, the original documents showing the title of the donor etc
Since this is a state government subject, you can clarify the stamp duty and other costs from the local registrar's office
If the property is still in yor father's name then the legal heirship certificate to be obtained besides his death certificate.
