• Land transferring died father to son

my grand pa died without did any will to anybody and still it's not transferred to my father due to we have given land on lease basis up to 11 years and now it's completed and we r thinking to to transfer to my dad legally.. kindly suggest
Asked 5 years ago in Property Law
Religion: Hindu

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18 Answers

1. Proper Application annexed with Death Certificate, Affidavit, Succession Certificate has to be submitted to the relevant and concerned authority, for proper transfer /mutation in the Revenue records, by following due procedure of law.

2. The above can be done IRRESPECTIVE of the property on Lease or whatever, since the Lease-Holder has no rights on the property. HOWEVER, it is better that the Tenant should be vacated before transfer /mutation procedure is conducted to avoid any type of claims by the Tenant.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. it is not clear how many legal heirs your grans father left at the time of his death.

2. If your father has other brother and sister then all of them inherit the property in equal share and all of their nae needs to be mutated .

3. If your father alone is the legal heir then the property is bound to be mutated in his name and lease of any period has nothing to do with this.

4. Succession certificate is need to get hold of his movable assets,

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. Succession Certificate is issued by the district Civil Court or "Letter of Administration" from the State High Court, for immovable property matters, by following due documentary procedures of law. This ensures clear Title-Ownership, for future Transfers /Sale /Gift /Donate /Mortgage etc....

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hindu succession law in case of death of a male: Legal heirs are well defined in the Hindu Succession Act. All the relations are categorised into two classes called class I and class II. The first right on wealth is of Class I heirs. Only if there is no one available in Class I, then relations under Class II can claim their rights. If Class I and Class II both are missing, then there is something called Agnates and Cognates.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Sir file for mutation of the property, your father has to file an application before the Revenue office / Municipal office to transfer the property on his name along other legal heirs along the death certificate of the grand father once the property is mutated in name of all legal heirs they can make a partition deed for there share.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Lease doesn't effect title of your property, property title can be still transferred even if the property is leased. Lease holder doesn't have any ownership right.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Succession certificate is for movable assets and debts you can file for mutation in case the department ask then in that case you obtain letter of administration.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Since your father died intestate apply for letters of administration from district court

2) enclose father death certificate

3)details of father property

4) notice would be issued to legal heirs

5) if no objections are received you would get LA in 6 months

6) then apply for mutation of property in your name

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Succession certificate is only for movable debts and securities and not for immovable property

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Contact a local lawyer and apply for LA

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Dear Sir,

Since your father is only son as such it can be transferred in his name as “Pavathi” Katha on production of Family Genealogy Certificate which can be issued by Nada Kacheri. Succession Certificate requires filing of application under section 372 of Successions Act etc, it is not required. The procedure and address of sample Nada Kacheri is as follows.

==================================================================================

FAMILY GENEALOGY FAMILY TREE IN KARNATAKA/

(SUCCESSION CERTIFICATE MAY ALSO BE OBTAINED UNDER SECTION 372 OF SUCCESSION ACT)

http://www.nadakacheri.karnataka.gov.in/

Please go online and apply for this application.

The link is under "Nadakacheri" website.

1- It will only cost you 15 Rupee Per Application.

2 - Ex : Lets say "dad" has passed away, and mom is applying for family tree certificate, you need to include mom's name and sibling's name while applying .

3 - You need to get the estamp paper number before you apply.

You can contact the Notary or Some typing location near notary, they will help you with the contents.The affidavits need signature from Mom and siblings.

4 - On the portal , you will find the documents to submit .

Voter card , Aadhaar card, Death Certificate, Pan Card, Rationcard documents should be enough for you to get this . You need to upload your mom's documents.

5 - On nadakacheri website, you will get attestation for the family tree. The attestation is done by the revenue officer.

6 - As all government departments work, you might have to pay something extra.

7 - You might get the documents in a weeks time.

Food Office

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Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. You are not precluded from getting the mutation of inheritance done because the land is on lease.

2. Succession Certificate is required only to realise liquid assets. Just apply for mutation of inheritance.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You have to file suit in civil court for succession certificate and then on the basis of that you can mutate the property on your father's name.

If there are more legal heirs then it can create problem for you.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Your grandfather's proeprty shall devolve equally on all his legal heirs upon his intestate death.

Thus your father along with his siblings shall be entitled to an equal share in the proeprty.

For getting the property transferred to his name all the cosharers have to execute a registered release deed in your father's favor, then he can become an absolute owner of the proeprty.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Pls answer me including lease law

If the proeprty was let out on lease by your grandfather, then the lease agreement shall come to an end after expiration of the same, after which the proeprty can be transferred to his name following the steps suggested above in the previous post.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Succession certificate in the sense need to go for court..?

Succession certificate will not be applicable for transfer of immovable property.

You can either obtain a family tree certificate or a legal heirship certificate from the revenue department after which the cosharers can legally transfer the proeprty to your father's name following the procedure of executing a registreed release deed relinquishing their rights in the property.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

No succession certificate but legal heir certificate than on the basis of it, apply for transfer of ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir

Simple solution is to take survivor certificate and register in your name. Lease is nothing to do with that.

Feel free for any assistance.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

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