• Ancestral property transfer

Dear Lawyer,
We have a ancestral house in district Balia,UP.This house is on my grand father's name and he is died way back in 1930.My father is the only child now alive and we would like to transfer ownership from grand father to my father.
Please guide me for the right procedure.

Pawan Kumar Verma
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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17 Answers

Dear Client,

Apply for legal heir certificate with local Tehsildaar/SDM office,

On the basis of it, property will transfer in municipal/revenue records in fathers name.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your grand father is no more then on his death you father being the sole legal heir will inherit them.

This occurs by law of inheritance.

On the basis of his death certificate your father need to apply for Mutation Certificate only.

This is enough to show your father's ownership on paper.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) apply for mutation of house in name of your father

2) enclose death certificate of grand father

3) consent of grand mother and other legal heirs . they can execute relinquishment deed to relinquish their share in property

4) latest receipt of payment of property taxes

5) if no objections are received mutation would be done in your father name .

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

File an application of mutuation with the authorities if it in municipal limit than with municipal.or if in agriculture than revenue authorities for mutuation and transfer of property name

For that your father have to file.an application of mutuation along with death certificate of grand fathers if no death certificate than affidavit on same. Also property documents and affidavit of your Father to the effect of relationship with grandfather that (that he son of So And So ).

And identity proofs and family rasan card.

The authority on application shall issue notice if any near kin alive or a public notice after expiry of that period the name shall transfer on your fathers name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It cannot be an ancestral property. Ancestral property is when the title flows from the great grandfather. So its the self acquired property of your grandfather. Your father will have to file a petition for grant of Letters of Administration Without Will annexed in the High Court and obtain Letters of Administration (LA). Once the LA is received, the administrator can transfer the property to your father's name with court permission. The administrator and the applicant of the LA petition can be the same person, i.e your father.

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

death certificate is must to apply for mutation

2) apply for death certificate and then only go in for mutation

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Since your grand father died long back your father can give an Affidavit for same. Stating the date and reason of his death.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There has to some record of date when G F expired, otherwise with application, file affidavit that G F died in such year/date. If any objection than declaration suit which will bear court fees, so better pursue for Legal Heir Certificate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Then make an affidavit and apply for mutation. You can get in touch with the Municipality officials to know the actual procedures involved.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have said that it is an ancestral property therefore according to the zamindari abolition act it is automatically transferred upon your father (the legal heir of your grandfather) immediately after the death of grandfather. According to the zamindari abolition act, immediately after the date of vesting i.E. 1/7/1952  all the holders of house became the bhumidhar. Your Grandfather was bhumidhar and according to the zamindari abolition act this house has transferred on your father immediately after the death of your grandfather. In this scenario you should prefer an application before the tahsildar and get a status regarding owner of the house. If this house is still in the name of your grandfather then you should file an application before the sub divisional magistrate along with either family register or succession certificate to substitute the name of your father.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Law states that it is mandatory to register a person's death with the concerned State Government within 21 days of its occurrence.

Documents required Proof of birth of the deceased, an affidavit specifying the date and time of death, the required fee in the form of court fee stamps, a copy of the ration card. The application form to apply for a death certificate is available with the area's local body authorities and the Registrar who maintains the Register of Deaths.

You can do the following:

1. You can file an application for death certificate from the Registrar;

2. Secondly you can tell the collector that your father is the only owner of the property;

3. You will have to issue an ad in the newspaper stating if anybody else has a claim on the property;

4. Then the collector can transfer the name of the property to your father's name;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi,

You are suggested to approach to registrar office with all these facts and get the ownership transferred.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Firstly this is not ancestral property.

It is your grandfather's property and now devolves on your father, being the only legal heir to his deceased father.

For transfer of the property to his name, he can submit an application to the Tehsildar/revenue department to transfer all the revenue records on his including 7/12 records.

Subsequent to that he may transfer the property by a registered settlement deed in favor of his children accordingly.

This will make the beneficiaries absolute owners as per the registered document.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Appreciate your guidance.

I dont have any death certificate of my grand father,so what will be the procedure now.

Please guide.

If you dont have death certificate, you can apply by submitting a written request/application to the births and deaths authority where he last resided.

If the birth was not recorded then you can obtain a certificate for no-entry and then apply for direction to the concerned authorities to register the death and issue you a death certificate.

If your father is living then he only has to move an application in this regard.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Just firstly get the succession certificate from the court.

Just give an undertaking by way of affidavit that he has died, and get the property transferred.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If there are no heirs you can do the same through mutation from the Registrar office. You need to submit the death certificate and heirship or succession certificate as the case demands.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

1. Duly execute a stamp duty paid and registered Family Settlement Deed (with strategic clauses), with mutual consent and signature of "ÄLL" the legal heirs, to relinquish property rights to selected member/s of the family. This will not require any documents or other procedures.

2. Submit copy of Family Settlement Deed to revenue office, for final mutation (name change) purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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