• Transfer house from my mother's name to my name

Hi,

I am Venkateswarlu from Ongole, Aged 59.

10 years back my mother died. A house is in her's name. I need to transfer that house from her name to my name. However, I am not sure and have the following questions.

1. Someone told me that since it is a mother's property, every female child of mother will have equal rights and every child should sign and approve to transfer that property to my name. 
I have 3 siblings and all of them are of female gender/daughters to my mother/sisters to me and no one is alive now. All of them are expired. I am the only son of my mother and I am the only child of my mother who is alive now. Since my siblings are not alive now, Do I need signatures and approvals from their children to transfer that property to my name?

2. I have been paying property tax to that property from long time even when my mother was alive, and every time since my mother has expired. I have also been collecting rent of that property from the time my mother expired and sponsored property repair when needed. I am sure that my 3 siblings and their children don't know that property is in my mother's name. Now me paying tax every time helps me to transfer the house to my name?

3. I have my mother's death certificate with me. No one has. Will it help?

4. What happens if I don't transfer my name and leave it like that? Like me, can my children continue controlling it?

Please suggest me the approach that I need to follow to transfer that property to my name.

Regards,
Venkateswarlu
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

hi, to transfer the property on your name you have to file a suit for declaration..yes, the chidren of your spouses do have a share in the property..you can obtain a relinquishment deed from them in your favour and then file for declaration in court

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

Hello,

Son/ daughter of the daughters of your mother do not have any right on the property.

Since you are the only son alive therefore you have the sole right over the property.

Obtain a succession/ legal heir certificate and get the mutation done on your name.

Get the property transferred on your name during your lifetime

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

1) on demise of your mother you have one fourth share in property

2) your sister legal heirs would have to sign relinquishment deed or gift deed to transfer house in your name

3)payment of property tax does not confer title to property

4) mere possession of DC is not sufficient to transfer property in your name

5) it is better to transfer property in your name during your lifetime to avoid legal complications later

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Hi,

1.The children of your deceased sisters have their shares in the house property. So you need to have the affidavit from all of them.

2. Even if you make payments for taxes relating to the property but in the name of your mother.

Merely by not knowing the detail of property by hairs does not deprive their rights.

3.the above answer includes all related to your query.

4. Untill and unless some one start poking in the property will stand in your mother name and can be controlled by the residents.

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

1. On the death of your mother her proeprty would be equally divided among her children which include and her daughters.If daughters are no more then their respective children inherit from their deceased mother allotted sahre.

2. The payment of property tax by you does not give any any preferential right than others.

3. Similarly having death certificate of your mother will not help you in anyway.

4.The change of name occurs in Revenue REcords only. It does not cause any change in the share in proeprty.

Do note that children of your sisters cana t any point of time file a suit for partition to claim their respective share.in the said suit they can claim their share in the rent collected by you.

So either enjoy the property till they lay their claim or settle dispute by making a mutual deed of partition.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Dear Sir,

I have made sincere efforts to convince you as below:

1. Someone told me that since it is a mother's property, every female child of mother will have equal rights and every child should sign and approve to transfer that property to my name.

I have 3 siblings and all of them are of female gender/daughters to my mother/sisters to me and no one is alive now. All of them are expired. I am the only son of my mother and I am the only child of my mother who is alive now. Since my siblings are not alive now, Do I need signatures and approvals from their children to transfer that property to my name?

Ans: You acquired the above property By inheritance of ancestral property. Since your all sisters are no more as such you need not get signatures of their children. You get a heir certificate and produce the same in the Mandal Office/Corporation office and ask for change of property in your name on the basis of inheritance.

2. I have been paying property tax to that property from long time even when my mother was alive, and every time since my mother has expired. I have also been collecting rent of that property from the time my mother expired and sponsored property repair when needed. I am sure that my 3 siblings and their children don't know that property is in my mother's name. Now me paying tax every time helps me to transfer the house to my name?

Ans: Paying property tax for so many years goes to so that you are owner after your mother. You need not inform the siblings about your filing of application for transfer.

3. I have my mother's death certificate with me. No one has. Will it help?

Ans: It is one of the certificate required to claim transfer, along with it produce all the documents required like Heirship Certificate etc.,

4. What happens if I don't transfer my name and leave it like that? Like me, can my children continue controlling it?

Ans: Nothing happens but the transferring authorities may require more documents if your children wish to change the property in their name/s after your death. To minimize the future problems you need to get it changed now itself . Good luck.

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

1. Yes, you will need the non-objection from the children of all 3 sisters of your's before this house can be exclusively transferred in your name.

2. The above no-objection(noc) is necessary whether or not you have been paying the municipal taxed.

3. No. NOC is must.

4. The children of your sisters will still have a share. This does not alters the position that I have explained you.

Vibhanshu Srivastava
Advocate, New Delhi
9126 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Under Hindu Succession Act, property of Hindu female dying intestate shall devolve in the following order: upon the sons and daughters (including the children of any per-deceased son or daughter.

So, Sibling`s children have share in the property i.e. 1/4 each including u.

Either get relinquishment deed ( Haq Tyag ) from them OR ...............

Get it transfer, keeping like this for long time not advisable.

Unless not demanded, ur children will enjoy same privilege.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

You need to file a declaration suit and get it decreed in your favour.

Your siblings offsprings do have right over the property.

Once the declaration is decreed in your favour, then you will not have issue to convey the title to anyone.

Getting the declaration is important as the court may order paper publication and you have to implead all concerned.

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

As per the Hindu Succession Act on the death of a female intestate the property devolved equally upon her children.

In your case all your siblings and you has the equal rights over the property, on the death of your siblings the inheritance rights pass on to their respective children.

Get a relinquishment deed registered in the your name from the children of your siblings over the property.

File an application to the local revenue authority to transfer the revenue records in your name based on the death certificate and the relinquishment deed executed by children of your siblings.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

Everything is in your favor, what are you waiting for?? just give affidavit about the fact that you are the only one alive child of your mother and apply for mutation of property in your name. Use your mother's death certificate. Plz check if any clause in local land law in an hindrance then specify. Things mentioned in para 2 of your question will help in your claim.

Mayank Srivastava
Advocate, Allahabad
61 Answers
18 Consultations

5.0 on 5.0

1. If your mother passed away intestate then her property has devolved through intestate succession on all her children equally. The share of every heir is 1/4th if your mother is survived by 4 children.

2. On the demise of your siblings their share has further devolved on their legal heirs, as a corollary to which all heirs of your siblings are required to execute a relinquishment deed in your favour.

3. You having paid tax and collected rent on the property does not oust the share of the legal heirs of your siblings. It has got no legal nexus with the title over the property as tax can be paid and rent collected even by someone who is not the owner of the property.

4. Having the death certificate of your mother also does not wipe out the share of other heirs.

5. After your lifetime your heirs will succeed to your share in the property.

6. Apply for mutation on the basis of death certificate of your mother.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

you have not stated whether you or your family members are in possession of the property in question ?

you can invoke law of adverse posession to strengthen your claim to the property if you have been residing in that property for more than 12 years.The fact that you have been regularly paying property tax and prior to that also you were soley managing the property,collecting rent ,carrying out repairs as and when necessary would further strengthen your claim.

If your mother died intestate (without making a will in your favour) ,the property in question would get equally divided between you and your siblings or their children if they are no more and the best course of action would be to invoke adverse possession if you are residing in your mothers house and 12 years have passed.

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

Your house can be transferred in your name but some.procedure has to be followed.please send details.info.so as to guide u in better way.

Vijay Kumar
Advocate, Mumbai
26 Answers

4.0 on 5.0

Yes you can retain the possession in your side without transfer too but you will not be able to sell the same as you don't have a valid title here.

You will need NOC of their children for transfer. Property tax receipt in mother's name only. You have to check if she has any will?

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. Since your mother died intestate i.e., without making any arrangement towards the property which stood on her name, the properties lying in her name at the time of her death shall devolve equally on all her legal heirs/successors in interest.

Your siblings are the legal heirs like you to your deceased mother.

If your siblings have died, then their respective shares shall devolve on their own legal heirs namely their children and husband.

2. Just by paying property tax, you cannot become absolute owner of the entire property, your siblings are entitled to a legitimate share in the property, hence now or later they will come to know and there will be a legal battle in the court, hence to avoid restless future, you may amicably settle the matter now itself by having a meeting with all those having interests in the property.

3. It makes no sense at all. Possessing Death certificate will not entitle you to acquire the entire property.

4. Your children should be prepared to fight and confront the children of your siblings at a later stage in a court of law.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Yes, it is necessary to obtain NOC from your siblings children's as there shares in property are valid. Mere paying taxes and collecting rents don't create the title upon any property. If you leave it as it is then also there is no problem for your children to control it until and unless your siblings children's don't claim there shares on the property.

Rajan Prakash
Advocate, Patna
6 Answers

4.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer