• Parents property inheritance

Hello,

 My Parents house is registered in my Mothers name , my mother died . we are 3 siblings one son and 2 daughters . Since there was no will return , its not in anybody's name now . So to transfer to Dad , is one signature enough or all of us has to sign ? or 2 signatures is fine .
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

21 Answers

All 3 siblings have to execute relinquishment deed or gift deed to relinquish or transfer their share in property

It should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

1. On the demise of your mother her property has devolved through intestate succession on her Class 1 legal heirs i.e her husband and children.

2. If all the children wish to transfer their share to their father and thereby make the latter the absolute owner of the property then they have to execute a registered release deed in his favour. A single release deed will suffice.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1. All 3 siblings have to sign in the document to enable your father to become absolute owner of the property.

2. If it's not possible to present physically at the time of signing by any of the siblings, then that person can authorise one of the siblings by executing a Power of Attorney to do the work on his behalf so that that person will be physically present to complete the work.

Shashidhar S. Sastry
Advocate, Bangalore
5634 Answers
339 Consultations

See on demise of the mother the house shall go to father and you all siblings.

To transfer in fathers name you all siblings can jointly create a registered relinquishment deed in favour of the father transferring it completely in name of the father. The deed should be adequately stamped and registered before the sub registrar.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. ALL the residual Legal Heirs of the Deceased, can execute a Stamp Duty paid Registered "Family Settlement Deed", with joint signatures, delegating the property to the person/s agreed upon. HOWEVER it is advisable that the property must be equally given to all the Four mentioned persons, to maintain integrity of the family.

2. The above must be submitted to the relevant property transferring authority, who would then mutate the property in the name of person as agreed upon in the above Deed. AFTER this the property will have a clear title for Sale /Transfer /Gift /Mortgage / etc....

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi, you all have to execute a transfer deed in favour of your father in order to get the property registered in his name

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1) The property will get transfer automatically on legal heirs of deceased owner.

2) One has to make application to get register on property all legal heirs name first your Dad's name and then all children's name will appear.

3) You3 Dad's signature is sufficient to make application and insert all legal heirs name.

4) If you require drafting for all application and procedure we will provide you all details in reasonable rates.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello

Since your mother died the house belongs to her children and her husband. All of the shareholders have to sign a noc / relinquishment deed so that the house is transferred in the mothers name.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

after demise of your mother, her property will devolve on her legal heirs i.e widower and children

all the legal heirs will have equal share in the property

so in order to transfer the property to the father's name, the rest of the legal heirs will have to release their respective shares in favour of the father by executing release deeds

this is ofcourse subject to acceptance by the authorities concerned

in most case the authorities will insist on a Letter of Administration whereby the court appoints an administrator and the latter then transfers the property of the deceased to her legal heirs by executing and registering transfer deeds - this will complete and perfect the title of the legal heirs to the property of the deceased

in your case the children can become confirming parties in the transfer deed between the court appointed administrator and the father in whose favour the entire property will be transferred

the stamp duty payable on such transfer deed is a nominal amount since transfer is done to legal heirs and not outsiders

Yusuf Rampurawala
Advocate, Mumbai
7920 Answers
79 Consultations

Firslty, as it has been stated in your query that the property is not on anybody’s name.

Secondly, now, you all are having equal rights in it as per the law of Succession.

Thirdly, no, it can’t be done for one or two signatures until others are not giving NOC for relinquishing their rights in the property.

Fourthly, I advice you to apply for the succession certificate before the civil court of law to get the certificate as this may take 2 to 3 months.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. On death of your mother all the children and your father will inherit her property in equal 1/4th share.

2. Now if you wish to make your father its sole owner then all of you will have to make a deed of gift transferring your respective 1/4th share so on receipt of your shares your father becomes its sole owner.

3. So all of them can make joint gift deed or separate deeds as per their choice.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. All of you shall have to register a Relinquishment Deed in favour of your father by paying stamp duty and registration fee.

2. Once the property is registered in the name of your father, he will become the sole title holder of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

Government will not take away your property

2) apply for mutation of property in name of mother

3) enclose death certificate of mother

4) relinquishment deed executed by other legal heirs

5) latest receipt of payment of property taxes

6) if no objections are received mutation would be done in father name

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

Legal heirs have equal share

But their title will become perfect only on obtaining LA and execution of transfer deeds in their names by administrator

Yusuf Rampurawala
Advocate, Mumbai
7920 Answers
79 Consultations

By default you all have the right over the property file for the mutation of property make an application to the mamlatdar/tehsildar along with the copy of death certificate and family member certificate or family rasan card. The property shall be mutated in your name. Then the relinquishment deed can be created.

If there is any dispute in that case letter of administration as it is immovable property is required from court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello

The property vests in The legal shareholders irrespective of the fact that you have transferred it or not. If you transfer the property in the name of the legal heirs you can transfer or sell it. By default you have share in it. The law recognizes that. No the govt cannot take away the property as long as there are heirs left.

Transfer the property in your father's NAME.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since the property is in your mother's name, upon her intestate death the property will devolve on all the four legal heirs i.e., including your father.

If you all consider or decide that this property to be transferred to your father's name, you three should execute a registered release deed relinquishing your rights in the property in his favor.

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

Should we do any legal paper work as its in nobody' s name or by default all of us have equal rights and claim anytime,will Government take away if we don't claim . As mentioned above , should we get the succession certificate. what is that ? pls explain

Succession certificate is not applicable for immovable property.

A registered release deed by all the three in favor of your father will solve the purpose of making him the absolute owner of the property.

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

1. Firstly apply for mutation of inheritance as your mother has died intestate.

2. After mutation of inheritance is sanctioned then a registered release deed should be executed and mutation of inheritance should be done again. Nothing else is required to be done.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

All of you need to sign on a document stating you are relinquishing your right on that property and it should be wholely transfered to your father.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

1) You Dad has to apply for the transfer property on his name and all others means children names below that should be insert on property card.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Ask a Lawyer

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