Go for partition deed and expense can be said after obtaining valuation
Transfer of property
Hello , As my mother died a year + ago and did not have a WILL created ; we wish to have the house property transferred equally in our names i.e. 2 sisters and 1 brother. What is the procedure and the expences for the same.
Asked 8 years ago in Property Law
Religion: Hindu
15 Answers
1) apply for and obtain letters of administration in name of the legal heirs
2) enclose father death certificate
3) maximum court fees is Rs 75000
4) it would not take more than 6 months
5) then apply for mutation of property in name of legal heirs
1) The property is inherited by father's property or its owned purchased by mother ?
2) please call via consultation call will explain in details.
1.All the legal heirs of your mother has equal share on the property of your mother who demised,intestate.
2. You can collect the legal heir certificate from your local Tehshilder or Municipal Counselor and apply for mutation of the said property jointly in your names.
3. You can also register a settlement/partition deed duly dividing and demarcating the properties in between the legal heirs by metes and bounds and register the said settlement/partition deed after which all the individuals will be the titled holders of the said property partitioned in their individual names.
1. If she has no other legal heirs except three of you then all three of you are already the undivided equal 1/3rd share holder in the property by operation of law of inheritance.
2. The only thing you can do is to apply for mutation of the property in the name of three of you.
3. So contact local Municipality to know the procedure.
All of the legal heirs need to enter into the family settlement deed in which you can allocate the property and assets mutually.
In your case execute a partition deed. A partition deed for a property is executed to divide the property among different people - usually among the family members. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.In case a partition is by mutual consent, a partition deed is executed by the co-owners. The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration. Each divided property gets a new title and each sharer gives up his interest in the property in favour of other sharers
The stamp duty payable in such a case is Rs 1,000 for each share of the property. Further, the registration fee will be Rs 500. More than one person may jointly own a property.
The property of a Hindu dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.
As your mother died intestate i.e.without sharing the property ,then the property will go to her legal heirs.
As you wanted to share the property in question equally among 2 sisters and 1 brother.It means you wanted to share the property under yours mutual understanding.
Hence , you have the following ways to share the property:
1.Apply for getting the Legal Heir Certificate from the Tehsildar i.e. Municipal Counselor and further after getting the said certificate you can apply for mutation of the said property jointly/separately in the respective names.
OR
2. Prepare a Family Settlement Deed/ Partition Deed with all details including sharing of respective members area as decided among you and further registered it from the Registrar .
Expenses will be nominal in the second case.
If you wanted to have mutation certificate , then you will have to deposit property tax accordingly.
Approach the Tehsildaar and apply to obtain the Legal Heirship certificate.
You'll need the death certificate of your mother to apply for this certificate besides some other documents.
Contact a local Lawyer to get this done.
Get the property mutated in your names once you obtain the Legal Heirship certificate.
If you are the only legal heirs surviving your deceased mother who is reported to have died intestate, then you three may amicably arrive at a mutually agreed partition and the conditions thereon drawn in writing.
Get the partition deed registered and have one copy each, get the revenue records transferred to each individual's name as per the partition deed.
The cost and other related expenses may be inquired in the local from any document writer,
1. Apply for mutation in the office of tehsildar.
2. In order to apply for mutation you have to fill up the form and annex the copy of death certificate of your mother and your own identity proofs.
It has to be done through a partition deed which has to be stamped and duly registered in the sub registrar office in which the property is located. You can also check with brokers near the registrar office who can get this work done.
Hello,
You have to make a family settlement and then get the settlement registered
As soon as the settlement is registered, on the basis of the same you three can individually get the property mutated on your names.
Contact a local lawyer for drafting the settlement deed.
Regards
1. With the mutual consent of all the residual legal heirs, you can execute a duly stamp duty paid registered Family Settlement Deed, which will be easy, cheap and quick.
Keep Smiling .... Hemant Agarwal
You can mutually do it with each other as you all are legal heirs. If it's a immovable property you can sell the same and distribute it amongst yourselves. But if there is any dispute it's better to file partition suit in court.
