Your mother can execute POA in your favour for mutation of land in her name
2) your mother can execute gift deed or relinquishment deed to relinquish her share in property
3) gift deed or relinquishment deed should be duly stamped and registered
Ratnagiri property
Hi. There is a property in the name of my Paternal grandfather at Ratnagiri. The 7/12 also has his name. He is deceased and so is my Grandmother. Now 2 of my fathers sisters and my mother (since my father is no more) are the 3 legal heirs of that property. In this case is it mandatory to first have my mothers name on the 7/12 or can we put mine and my brothers name on it directly? My mother is ill and cannot travel for such matters. How can we take care of this without she having to travel till ratnagiri for anything?
Asked 8 years ago in Property Law
Religion: Hindu
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19 Answers
Hello,
It is necessary that the same gets mutated to your mothers name first.
You may ask your mother to execute a POA in your favor and thereafter you can do the same on her behalf.
Regards
If your paternal grandfather had 2 daughter and one son and your grandfather had died intestate leaving behind him his legal heirs then the properties will be distributed equally among the 3 legal heirs. Therefore, one share will be your father's, one share will be your father's one sister and one share will be your father's another sister.
If you father had died intestate leaving behind him his legal heirs then your father's share will be divided into 3 parts (one share your mother will get, another you and the other part you brother, if you three are the only legal heirs of your father).
If your mother is not able to go, then she can give a POA so that you and/or your brother can deal with the share of your mother's part in the property.
(As per Hindu Succession Act).
Sir, The property from grand father shall divided in three shares in your fathers name and 2 sisters. Since your father has expired class 1 heir that is wife, and children all have equal share. After expiry of father property equally goes to your mother and both brothers it doesn't go to mother alone, so in share of your father your name along with brother and mother shall be mutated.
Your mother can execute a POA in your name for mutation.
Or she want to leave her share she can make a relinquish or gift deed of same to anyone she wants like both brother or you alone or brother alone or anyone else she wants.
You can do the same by executing power of attorney on her behalf.
1. Assuming that your grand parents and your father died intestate, the property would devolve equally to 3 legally heirs, i.e., your deceased father' s legal heirs ( your mother and your siblings ) and his 2 sisters in the ratio of 1/3rd share.
2. It is up to your family's collective decision as to whether only your mother's name should appear in the revenue records by you and your brother giving NOC in favour of your mother or by relinquishing the share in the property by you and your brother in your mother's share by executing a registered Release/Relinquishment Deed.
3. If your mother cannot travel for these procedures, she can execute a registered Power of Attorney appointing either you or your brother as the agent empowering the Attorney to sign on her behalf in the Sub Registrar's Office or in any concerned Office. In this way she can give POA to you or your brother and she need not travel all the way to Ratnagiri and at the same time get the work done.
Hi, you can incorporate your name but your mother need to give NOC for the Same.
1) The hierarchy of legal heirs name on 7/12 as below :
a) Grandmother
b) Mother
c) 1st son
d) 2nd son
And at right hand side in other column your father's sisters name will be there.
2) You have to apply all legal heirs on application and only you or your brother can apply for it and sign the documents.
Hello Good Evening,
You have to put your mother's name and she can give POA to you to deal with the property .
Hope this helps.
Regards.
If the property belonged to your grandfather, and he is reported to have died intestate then the property will devolve equally on all his legal heirs consisting your father and his siblings.
Your deceased father is entitled to 1/3rd share in the properties equally along with both his sisters.
Now upon the intestate death of your father, his own legal heirs i.e., your mother, you and your siblings are entitled to the 1/3rd share of property that was entitled to your father.
Therefore in the 7/12 register the names of your paternal aunts and the legal heirs of your decesed father can be entered jointly till the time the properties are not partitioned among yourselves.
1. Your father's share of his late father's property has been inherited by his two sisters , your mother and yourself and your brother.
2. You can also put your name as one of the co-heirs of your father's share of his father;s property.
Hello. Thankyou for the answers. It was a great help! Correct me if I am wrong, I understand that to make a relinquisment deed, my mother would still have to travel where the property is as the deed can be registered only at the sub registrars office under which the property lies. So in this case a registered POA would be better where she names either me or my brother to sign on her behalf? Also, after the POA is made supposedly in my name; me, my mother and brother would still remain the joint heirs right, so only me and my brother can travel to get things done? Would we require a NOC in this case from my Mother? or will the NOC be required only if she is giving up her share? What other documents would be required to be presented at the Talathis office/while getting mine and my brothers names registered on the 7/12?
Asked 8 years ago
No for a relinquish deed also your mother can give power of attorney and same person can present himself with registered power of attorney to execute and register relinquish deed.
Yes you all will be still owner the authority shall be only upto her share to register and execute sale deed.
Yes with POA given your mother need nit to visit the sub-Registrar office for any formility where land is situated.
She will give POA than no NoC required in both cases.
You need to dil up the mutation application along with family rasan card identity proof of all legal heirs along with property title document and affidavit regarding relation with deceased.
This shall be present before mamlatdar/sub-Registrar revenue office, talati shall give a report on order of revenue office/ mamlatdar.
Yes your understanding is correct
2) mother can execute registered POA in your or brother favour to relinquish her share in property
3) it can be registered within jurisdiction of sub registrar office wherein she is currently residing
4) once relinquishment deed is executed you and your brother would be owner of property
5) can apply for mutation of property in your names
If your mother is ill then in such special case, that is, when a party to the transaction cannot come to the sub-registrar’s office, the sub-registrar may depute any of its officers to accept the documents for registration, at the residence of such person.
Your understanding ir right.
However please note that there are two things involved in this:
1. Relinquishment of rights to the share in the property by one of the shareholders to another, This can be done by a registered deed by the releaser and the registration to be done before the concerned registrar. This is related to the registration department hence the person who would desire to release ther rights can either appear in person ro through a POA agent by executing a registered POA deed in favor of the agent.
2. Transferring the revenue records in 7/12 document shall be done by the Revenue department,
For this the legal heirship certificate and proper NOC duly attested , executed by the concerned legal heirs to be submitted for transferring the 7/12 records to a particular person/legal heir.
Therefore since two different departments are involved for two different nature of transfers, you may consult a local advocate for all such further actions and proceed.
1. Your mother need not travel to Ratnagiri and she can execute a POA in favour of you or your brother or both and get it registered in the present place of her stay(Bombay). Armed with the registered POA, you and your brother can get the relinquishment deed registered at the Sub-Registrar's Office in Ratnagiri.
2. After the execution of registered Release/Requinshipment Deed by a person. he would have relinquished his rights over the property in favour of other person and naturally henceforth he shall cease to be a right holder for his share of the property.
3. NOC is required only if the entitled legal heirs do not have the desire to relinquish their share in the property but for administrative purposes they want some relative, in the instant case mother's name to be incorporated in all the revenue records. In other words either registered Release/relinquishment Deed or NOC is required depending upon the need of the circumstance.
4. Latest Tax paid receipt also has to be presented at the revenue office.
Yes you are right.
The POA can be executed within the area where she is living right now, and thereupon she can make a POA in favor of your brother to relinquish her share.
Once the relinquishment deed is executed property can be mutated on the names of the brothers.
regards
1. After demise of your father, as per Hindu law, his widow and children being his legal heirs become entitled to the father's property jointly.
2. If you want your and your brother's name to be entered now then your mother will have to sign and register a release deed in your names or she can also sign and register a gift deed in your names.
3. If your mother is unable to attend the sub registrar office for registration purpose then she can execute a special power of attorney either in name of some trusted person or in the joint names of you and your brother or either of you.
4. Once your mother transfers her share either by release or gift, she ceases to have any interest in the property.
5. If you want your name as well as your brother and mother's name to be entered then you can simply take a power of attorney from your mother to comply with the legal formalities on her part.
1. You can get one POA registered at the place where she is presently residing authorising the POA holder to deal with her share of the said property which will be binding on her.
2. Thereafter the said POA holder, be it you or your brother, can get the relinquishment deed registered by signing for her at the place where the property is situated.
3. Relinquishment deed is registered for giving up title of her share and for the said act no N.O.C from her required.
4. The copy of the registered relinquishment will be the additional document that will be required for entering your and yopur brother's name in 7/12 record.