• Procedure and formats for transferring property

Dear Sir,
My Father died long back and recently my mother also passed away intestate , my property is jointly in the name of myself and my mother. I have 3 sisters and 1 brother (who also passed away).
Kindly let me know step by step detail procedure for transferring my mother's share to me and also share the links of formats if possible.
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

1) Your share will be 50% share in the property and for remaining 50% share of mothers all legal heirs share will be in the property including you.

2) Distribution if mother's share among in all legal heirs i.e. all will be get 25% share in the that 50% means 12.5% each of total property.

3) So your share will be 50% + 12.5% = 62.5%

4) After inserting all sisters name on the property have to make relinquish deed and remove their name from property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir since the property 50 percent is of your mother on that on her intestate death, all your siblings that is 3 sisters and you and family of brother (wife and children) if any have equal right. Therefore , first the 50 percent share transfer in name of all legal heirs of the mother further they have to sign and register a relinquishment deed in your favour for there share so that you can be complete owner of the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Did your mother leave behind any nomination form

2) on mother demise your 3 sistetsv, brother have equal share in property

3) on brother demise his wife , children would inherit his share in property

4) they have e to execute relinquishment deed to relinquish their share in property

5) society would then transfer flat in your name

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

1. EXECUTE a duly Stamp Duty paid & Registered "Family Settlement Deed", between ALL the residual Legal Heirs, with their express consent to relinquish their rights over the deceased's property, in your favor.

2. The above procedure will give absolute clear 100% Title-Ownership of the property for futuristic Sale /Gift /Transfer /Mortgage /whatever.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

This is my response to you:

1. You will need to obtain succession certificate from district court;

2. Approach a local lawyer for that;

3. Once the same is obtained then you can go to the registrar and do the mutation entry;

4. Then obtain NOC from all the legal heirs of your mother i.e. all your brothers and sisters;

5. Consult a local lawyer and start the legal process.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1. after your mother's demise her share in the flat will go to her legal heirs i.e. widower and children

2. as your father predeceased you mother, your father is not a legal heir

3. if your brother also predeceased your mother then even he will be excluded

4. so remains you and your sisters who will be entitled to equal share in your mother's share

5. either of you can file a petition in high court for grant of letters of administration for administering the estate of your mother

6. court will appoint the administrator who will then transfer the mother's share in your name with consent of your sisters

7. sharing of links of required formats is NOT POSSIBLE. Please engage a competent lawyer or approach the legal aid of high court if you do not have funds to spend for lawyer fees

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

for format pls contact any advocate perosnally, we cannot share links.

Mohammed Mujeeb
Advocate, Hyderabad
19340 Answers
32 Consultations

Dear Client,

Mother share will distribute in sisters and you 1/4th each. Sisters have to execute release deed in your favor to transfer absolute ownership in you.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

Dear,

It's automatically transferred in your name, no need to go in long procedure.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Hello,

Obtain a succession certificate from the court and on the basis of the same you may get the mutation of the property on your name.

Regard

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You are as it is entitled to half share in the property;

The other half that belonged to your deceased mother, upon her intestate death shall devolve equally among all her legal heirs, which will include your deceased brother (if he is married and died intestate, then upon his own legal heirs).

Now if all other cosharers would executed a regiswtered release deed relinquishing their rights in the proeprty in your favor, you will become the absolute owner of the entire property.

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

Your mother's share will be equally divided between you and your sibilings. You alone will not get whole share. If your deceased brother has wife or child then the his share will go to his wife and/or child.

So first get succession certificate from court and then mutate the property on all of your name through concerned sub registrar office.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

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