• Property mutation

Hello All,
We have two properties in the name of my father and mother. My father passed away , is it necessary to transfer the property on my mothers name ? Also, my grandmother is alive and my father's death happened interstate so how does that affect the property's ownership ?
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

1. If both the properties were jointly owned by both your parents then on death of your without any ill devolves upon his legal heirs which include his widow, his children and his mother.

2. So all of you have share in the proeprty and to make your mother sole owner of the property all of you will have to execute and register a deed of gift or release in her name.

3. otherwise this proeprty will be jointly owned by all of you along with your mother and mutation will be done in the name of his all legal heirs

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

on demise of father your mother , grand mother , you and your siblings have equal share in property standing in deceased father name

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

3) enclose father death certificate

4) latest receipt of payment of property taxes

5) identity proof of the legal heirs

6) if no objection is received mutation of property would be done in name of legal heirs

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1)grand mother is one of the legal heirs of property

2)she can relinquish her share in property by executing gift deed or relinquishment deed

3) if she does not do so on grand mother demise your uncles can claim share in property

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Hi, after the demise of your father the property , is transferd to your mother and Children as per Hindu succession act .. You can either transfer it or not .. Its upto your wish , you are not bound legally to transfer the property

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

No,the sahre of your grand mother can not be removed unless she makes a gift deed in your name.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

1. This can't be transferred in your mother's name alone because upon your father's death, you, your siblings, your mother and your grandmother is having a share in this property. So, unless all of you do not give a no objection, your father's share can't be passed on to your mother exclusively.

2. The ownership of your father upon these properties will fall upon you, your siblings, your mother and your grandmother.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

If your father has passed away without a will then the property will be distributed among all the legal heirs as per the law of succession i.e., everyone including your grandmother to uncle anyone can claim a share in the said property who falls in the category of the legal heir of your deceased father.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. On the demise of your father his property has devolved on his mother, widow and children equally, and not widow alone. So the mutation has to be applied and sanctioned in favour of all legal heirs.

2. The class 1 heirs of a Hindu male dying intestate are his mother, widow and children. The grandmother cannot be excluded from mutation.

3. Your uncles have no share in the property of your father, but if your grandmother also dies intestate then her share in the property of your father will devolve on his children (including the children of predeceased children) equally.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The property lying in the name of your deceased father shall devolve equally on all his legal heirs upon his intestate death.

His legal heirs are his wife, children and mother.

Therefore it is illegal to transfer the property on his name to your mother's name because others also have equal rights in it.

Your grandmother is also having an equal right in the property at par with other shareholders.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Is there a way to exclude grand mother from the heirs and can my uncles at a future date ask for property distribution or share, given that we are two sisters and mother left after my father passed away.

Your grandmother is a legal heir to your deceased father hence she cannot be excluded from the property sharing.

You can ask her to relinquish her rights in the property by executing a registered release deed so that she can be kept out of the property, legally.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1) on your father demise your grand mother would be one of his legal heirs

2) request her to execute gift deed or relinquishment deed for her share in property

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. Your grandmother is a class I legal heir to your deceased father.

2. Registered release deed executed by all the legal heirs including your grandmother relinquishing their rights in favor of your mother.

Your grandmother is a class I legal heir to your deceased father hence she is entitled to an equal share in the property left behind by your deceased father as one of his successors in interest.

Her share in the property cannot be denied if she claims it or you can arrange to get a registered release deed from her in favor of other legal heirs of your deceased father.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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