• My husband owned a property on lease from his grandmother. He has now expired.

I ,his widow want to transfer the immovable property stated above in my name. I have a major son who has no objection to that. Can I apply for same directly or should I take legal help of some advocate for this? What are the documents required? What is the approximate cost for same? Kindly explain the formalities and whom to approach?
Asked 6 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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12 Answers

1) apply for and obtain letters of administration from HC

2)consent affidavit canbe filed by your son

3) it would not take more than 6 months

4)then apply to society to transfer flat in your name

5) if your husband has left nomination form society would transfer flat in your name even in absence of letters of administration

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Since your son doe snot have any objection to the transfer of property in your name he should execute a relinquishment deed. No documents are required to do this. Simply get the property mutated in the name of legal heirs and after the execution of relinquishment deed it should be mutated in your name.

2. Avail the services of a local lawyer for this.

3. The cost will be the fee of your lawyer. It should not take more than a month.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Legal fees vary depending upon Lawyer engaged by you

2) court fees for obtaining letters of administration is maximum Rs 75000

3) I presume husband died intestate ie without a will

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi,

If your husband's property is situated in Mumbai, it can be transferred only through court in the name of all the legal heirs which will include you and your child/children (including son/s & daughter/s). Since you've not mentioned where in Mumbai the property is located, I am unable to tell you the jurisdiction of the court however, it has to be a district court or High court of Mumbai. The documents required for "Heirship suit" includes copy of registered document of the immovable property, Death Certificate of your husband and details of all the legal heirs. Cost of the suit depends on jurisdiction of the court. Apart from legal cost, you'll have to pay the stamp duty and cost of publication in the local newspaper. Normally, within 6-8 months the "Heirship Certificate" is issued by the court in the name of all the legal heirs after which your son (as mentioned by you) can relinquish his rights in the property through a "Relinquishment Deed".

ALL THIS PROCEDURE IS REQUIRED IN ABSENCE OF " WILL" OF YOUR HUSBAND.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

By operation of the laws of succession, the legal heirs of the deceased lessor step into his shoes, after his/her demise. After taking a NOC from the other legal heirs, you may exclusively replace your husband an get this immovable property transferred in your name.

Contact a local lawyer to get the needful done for you.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hi, you can file a civil suit for declaration in court and get the property in your name through court decree.. Take help of advocate practicing in your jurisdiction..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. The caption of your query is "My husband has owned a property on lease from his grandmother". Please note that title of a property can not be owned or a property can not be owned by virtue of a lease deed but through conveyance deed or will.

2. What your husband had was lease right or right to stay and/or use the property as per the terms mentioned in the lease deed.

3. Whether the lease right will be transferred to his legal heirs after his demise or will be extinguished shall have to be mentioned in the said lease deed.

4. If the lease right is transferable as per the lease deed to his legal heirs, then get a relinquishment deed registered by your son duly relinquishing his share on the lease right in your favour.

5. If his mother is no more and if the lease right is not transferable, then the title of the said property will be equally shared by all the legal heirs of your mother in law including your husband ( i.e. you and your son after his demise).

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. The property belongs to your mother in law and not you.

2. so, you can not transfer title of the property of your mother in law in your favour unless she conveys the title in your favour or you inherit it through your late husband after the demise of your MIL.

3. In the above instance, collect the legal heir certificate and then ask your son to relinquish his share of the property in your favour.

4. You shall now become the owner of your MIL's property provided there is no other legal heir of your MIL apart from your late husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

If you would like to transfer the leasehold property to your name after yor husband, it may be for the remaining lease period alone and not beyond that.

The death certificate, your id proofs, NOC from your son and a legal heirship certificate from the revenue department may be required to fulfill the formalities for registering the same to your name

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

What is the time period for this transfer?

If you have all the requirements ready, it can be done even on the same day of applying for registration.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello,

You are required to obtain a LOA from the HC, and while doing this a consent affidavit will be filed by your son.

And in case there is a nomination then the flat will be transferred to your name in absence of any LOA.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

It will take 6 months

Contact a local lawyer, fee would vary from Rs. 40,000- 60,000 apart from the court fee.

Make sure that there is no will of the husband before starting these formalities.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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