• Transfer of property from deceased mother to father

Hello,

My name is Niladri and I am writing to you regarding a query about a family property of mine. We own own an apartment in Miyapur, Hyderabad which is registered to my now deceased mother. We would like to change the registration to my father's name. He already has 'WARIS' document identifying him. Please advise what would be process to get this done. I am interested in working with a knowledgeable lawyer can guide me through this process. 

I live in US and would like to specifically know, if there are any steps in the process that require me/my father to be present in Hyderabad physically so I can plan accordingly. 

Regards,
NIladri
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

Dear Concerned,

On the basis of the Warisan document, death certificate and NOC from other legal heirs of class I, the said property can be transferred to your father without any issue. Any local lawyer in Hyderabad can assist for the purpose of same.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

My advice as per your brief:

1. You must be having a legal heir certificate.

2. According to Hindu succession act your mothers property will be divided amoungs all the first class legal heirs equally.

3. If you want to transfer the property in your fathers name then you can enter upon a relinquishment deed in his favour.

4. You have the option of getting all the documentation done via POA If you don’t want to visit India for the Sid purpose.

5. POA can be registered through Indian consulate in the country you are residing in favour of any person. Further you can courier the POA to the concerned person in India.

Any assistance need you can consult.

Regards

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

On demise of mother you and your father are legal heirs

2) you can execute relinquishment deed or gift deed to relinquish or transfer your share in property

3) relinquishment deed or gift deed should be duly stamped and registered

4) your father can then apply for mutation of property in his name

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. Engage services of a local lawyer;

2. You will need to get a succession certificate from the district court;

3. Once you obtain the same then you must also apply for legal heir certificate;

4. The legal heirs of your mother i.e. you and your sibling etc. should sign a relinquishment deed and waive off your right on the property;

5. Once you give your NOC then your father becomes the whole and sole owner of the property;

6. Once NOC or Deed of Relinquishment is completed then complete the mutation entries in the property records at the office of the registrar or registering authority.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

hello,

the flat is regd in your mother's name. all her class 1 heirs would be heirs of the flat after her. now all the heirs should sign a relinquishment deed declaring that you are relinquishing your share of the flat. then apply for a transfer to your father based upon the strength of the deed.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. after demise of your mom, her property will go to her legal heirs being widower and children

2. if property is required to be transferred to the name of a single heir then the noc of the other legal heirs will be required

3. also a letters of administration will have to be obtained from court for appointing an administrator who can deal with the estate of your mom under supervision of court

4. your dad can grant a POA to a trusted person in India who can file a petition for grant of LA in the High Court and do the transfer formalities

5. the other legal heirs can execute NOC affidavits in the US and sign before the Indian consulate there and send it to the POA holder

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1) Yes you both have to be present physically in front of registrar at the time of registration.

2) You can transfer property by way of Gift deed or relinquish deed.

3) If you do proper planning it will take only one day for registration.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear,

First of all according to section 15 Hindu succession act the property of deceased mother

divided between her son, daughter, husband equally. So first you relinquish your share in

favor of your father. Then registered in your father favor.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Firslty, Yes Mam, now the law has changed after the recent judgements of the Supreme Court with regard to the property transaction.

Secondly, some time ago, it was allowed to execute GPA in someone’s favour and the rid of physical presence.

Thirdly, but, you have to be here.

Fourhtly, and before applying for the property transfer on father name, he needs to get the succession certificate also from the civil court, which may take 2 or 3 months.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Legal heir are both you and your father with equal share in property i.e. 1/2 each. Joint owner.

WARIS (Legal heir Certificate) document just in your father`s name is not proper, Your name will also include in it,

Well, hope it is obtained from local tehsildaar office (revenue office),

Aplly for transfer of ownership (mutation) at corporation office attaching death certificate and WARIS document.

This can be process by anyone through authority letter or by any one of you.

And don`t mention your name in application a surviving heir, as WARIS doc. acknowledge only your father a legal heir.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. FILE an application to the local competent authority (Revenue /Civic /Collector .... as the case may be), alongwith :

a) Certified Copy of will (Waris document)

b) Affidavit

c) Indemnity Bond

d) Death Certificate of original owner

e) Relevant Fees, as may be applicable.

2. A person in India may be given a Power of Attorney document, duly executed by your Father, in front of the US embassy. Such Indian Person can do the needful in India, without the Father having to visit India.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Registration of property is not done. Registration of document/deed which conveys the title of the property in some one's name is registered.

2. So, in the instant case, you shall have to first collect the legal heir certificate from your ward counselor or Tehsilder as the case may be.

3. thereafter all the legal heirs (i.e. the children of your late mother) of your late mother shall have to register a relinquishment deed in favour of your father duly relinquishing their rights in favour of your father.

4. Once the said relinquishment deed is registered in favour of your father, the title of the property standing in the name of your late mother will be conveyed in favour of your father.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

You'll also need to get succession certificate from Civil or SDM Court.

Then, you'll have to execute a gift deed or relinquishment deed in favour of your father relinquishing your sharein the said property. The deed needs to be compulsorily registered.

You do not need to be present for registration,if you give a power of attorney to someone in Hyderabad. Same can be done in your father's case.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. If your mother died intestate then her property devolved through succession on your father and all children equally.

2. If you want your father to be the absolute owner of the property then you have to execute a release deed in his favour which requires mandatory registration. Thereafter, your father can apply for mutation in the records of the society.

3. The personal presence is required but you can execute a General Power of Attorney (GPA) in favour of a relative in India to authorise him to do all acts necessary to execute the release deed and for mutation.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The legal heirs of your mother other than your father have to execute a NOC in favor of your father expressing that you do not have any objections for transferring the share certificates to his name from your mother's name.

Subsequently you people have to execute a registered relinquishment deed in favor of your father releasing your rights in his favor.

These steps would ensure him to be an absolutely owner of the proeprty.

If everyone are available in the same place it will not be a time consuming process. All these can be executed within a day.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

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