Transfer of our house to my mothers name
Our house is in my late fathers name i want to transfer it to my mothers name, how do i go about doing this? i have a younger sister who has also passed away lately, she has two children who are minors, i have my fathers and sisters death certificate, i also have a legal heir certificate which states that my mother, sister and myself are legal heir's of my late father, please guide me what i have to do to transfer our house to my mothers name.
Asked 4 months ago in Property Law from Coimbatore, Tamil Nadu
On demise of father your mother , sister and you are legal heirs
2) on demise of sister her share would devolve on her legal heirs
3) property cannot be transferred only in your mother name
1. On death of your you, your mother and your sister have inherited his property in undivided 1/3rd share.
2. SO in that event all of you shall have undivided equal share.
3. Now if any of you want to make your mother full share holder then remaining share holders will have to make a registered gift deed in the name of your mother.
4. Since your sister is also no more then her children will have to make similar gift deed and register it.
As per the Indian succession act, being a legal heir your mother will get 1/3 share right on your father's property.your sister and you will get Balance 2/3 share. Now your sister is no more, therefore her 1/3 share will goes to her children and husband. In so far your 1/3 share is concern,you can tranfer the same to your mother name by gift or settlement deed. But it is not so easy to transfer your sister's children share to your mother name. To that you have to obtain court permission.
The minors share can not be transferred so you can transfer only your share through a relinquishment deed to your mother.
The minor's share is protected and can be used for their benefit only.
Sir, file for mutation of the property with the local revenue/ municipal office produce the copy of death certificate along with legal heir certificate. further the property shall be mutated in name of the all the legal heirs that is your mother and further for sister husband and her children.
To transfer in mother name a gift deed or relinquishment deed has to be made and for minor kids share the permission from court has to be taken
From the facts presented, It is believed that your father died without leaving a Will and the asset left behind is his self-acquired property. Upon his death, the property was inherited by your mother, your younger sister and you in equal measure, that is, one-third undivided share for each. It is presumed from the legal heirs certificate that your grandmother (father's mother) is no more now. After your sister's death, her husband and her minor children became entitled to her share equally, that is her one-third undivided share of your father's property devolved on her husband and her two minor children equally; each will be entitled to one-ninth undivided share of your father's property. If now you wish to transfer the property in your mother's name, you and your sister's husband along with her two minor children duly represented by their father (your brother-in-law) have to execute and register a deed of relinquishment in your mother's favour.
1. You can not transfer the share of your late sister in favour of your mother since your sister's said share has been inherited by her two minor children.
2. The title of the property or share of a property inherited by minors can not be dealt with or transferred without te written approval of the local District Judge who is considered as the Trusty of the properties of all the minors located in his jurisdiction.
3. The district Court will not permit you for the conveyance of title of the share of the said minor children of your late sister.
4. You can transfer your share of the said property in favour of your mother by registering a Relinquishment/Gift Deed infavour of your mother.
You have to execute release deed in her favor, but minor sisters share cannot be released without corut order. So, once you will release your share, apply to local municipal office attaching Death certificates, LHC and release deed than house will transfer in joint ownership of mother and sisters.
The transfer of proeprty to yor mother's name shall be done by executing a registered release deed relinquishing the rights in the property.
However since the children of your sister are minor by age, their guardian with the permission of court can execute the said deed on behalf of the minor children.
Your sister's share in the property that belonged to your deceased father shall devolve on her own class I legal heirs.