• Legal heir certificate for transfer of property title from deceased father to son

My father who was absolute owner of Flat in Kolkata died intestate in 2002, leaving behind spouse & two sons as legal heirs. The property remained in name of deceased till 2018. My mother died in July2018.
The property Title has to be transferred to my name by Kolkata Corporation for which a Legal Heir Certificate is required identifying the 2 remaining sons ( me & my brother) as legal heirs.
My brother who is Indian by birth but an US citizen by choice wants to renounce the claim to ownership of the flat in my favour.
I understand a Legal Heir CERTIFICATE & a NOC would be required. Is this correct ?
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

mere NOC is not sufficient

2) your brother should execute gift deed or relinquishment deed in your favour

30 it should be duly stamped and registered

4) for transfer of flat of person dying intestate you need letters of administration from HC or district court having jurisdiction

5) LHC would not suffice

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Yes, he may give you a NOC relinquishing his interest in this flat in your favour and a LHC to get your name mutated against this proeprty.

Understand the requirements/Documentation of the NOC from the office of the concerned Tehsildaar.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Documents for LHC:

Death certificate of deceased.

Address, ID proof and photo of applicants

One Undertaking

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

you have to file petition in HC

2) enclose father death certificate

3) schedule of property

4) pay the court fees . your brother can execute consent affidavit

5) LA does not take more than 6 months if there is no contest

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

LHC will issue by local Tehsildaar and for becoming absolute owner, your brother have to execute release/gift deed in your favor of his 50% share. He can execute it at Indian Consulate and than get it registered at sub registrar office where property is located , with in 4 months.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You can get an affidavit stating the number and details of the legal heirs left by your father .

2. There is no public authority which would issue a Legal Heir Certificate. If you wish you can apply for succession certificate in which the NOC if your bother would entitle you get his share of movable assets left by your father as well.

3. That if there is any immovable property left by your father then only a registered deed of gift or release can make him relinquish his share therein and no NOC would be sufficient for this.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes it is right that a legal heir certificate and a NOC will be required from your brother.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Documents required:

Death certificate,

Identity Card or Ration card

Prescribed application form.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Procedure:

You will have to apply for the legal heir certificate to the Tahasildar of your Taluka along with death certificate of the person and an affidavit. In the affidavit you will have to show the legal heirs of the deceased.

Get in touch with a local lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. you will have to file a petition for grant of letters of administration

2. this petition has to be filed in district court or high court

3. the court will appoint an administrator under this petition

4. the administrator will then execute transfer deeds in favour of legal heirs who are entitled to the property of the deceased as per law

5. your brother can make a NOC relinquishing his share in favour of any person he likes

6. upon execution of transfer deeds by the administrator, the title of the legal heirs to the property of the deceased will stand completed

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

My suggestion is Execute Relinquishment Deed.

Relinquishment deed is a legal document/instrument where a legal heir gives up or releases his legal rights in an inherited parental property for another legal heir

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir in case the brother want to renounce the claim first his name needs to be mutated in the property card then the brother need to make a Relinquishment deed in your favour. The stamp duty on the deed needs to be paid and it has to be registered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir first obtain the legal heir certificate from tehsildar with an application and giving death certificate of mother father based on that get the mutation done with the revenue/municipal office. Then the brother need to make an relinquishment deed in your favour for his share.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Death certificate, family rasan card, property documents are required for the above procedure.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) First get legal heirship on both sins name transferred property on your and your brother's name.

2) Once flat is transferred on both of names, than you get registered POA on your name signed in foreign country in Indian Embassy office or whenever he comes in Indian at that time get relinquish deed signed and registered it in registrar office.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Only NOC issued by your US Citizen brother will not help.

2. He shall have to register a gift deed gifting his 50% share of parental property in your favour by paying the required stamp duty which will be 1/2 % of the Circle Price of the said property since you are his blood relative.

3. The related Gift Deed prepared by your Indian lawyer sent to him can be signed and registered by him before the appropriate officer of the local Indian Consulate, in case he is not in a position to visit the registrar in India.

4. Some consulate might refuse such registration due to ignorance of law which he shall have to explain to them appropriately.

5. While registering the gift deed in your favour, he will require the legal heir certificate to be issued by your ward commissioner of the Kolkata Municipal Corporation.

6. If he fails to get the gift deed registered at USA before the Indian consulate then he shall have to visit India for registering the same before the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

The procedure to be followed for getting the title of the entire property conveyed in your name has been detailed in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Your brother shall have to register the gift deed for conveying the title of 50% of his share of your deceased father's flat in your favour as explained in my first post.

2. Please act as advised.

1. Indian Consulate is considered as extended part of India for all legal purposes and the said offices are expected to have the infrastructure to register deeds of conveyance in addition to notarise documents.

2. Most of the consulate offices will refuse the service of registration though they are presently providing the service of notarising documents which they used to refuse earlier.

3. If possible, get your brother visiting India to either register a POA in your favour for dealing with his share of the said property in future (which may include registration of gift deed in your favour) or register the gift deed in your favour to avoid the anticipated hassle with the consulate employees.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Hello

A succession certificate from the district court should be obtained and then a relinquishment deed should be obtained from your brother. He can make a deed and get it notarized in the USA. On the basis of these documents file a partition suit and the court will grant the title in your favour.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

My brother who is Indian by birth but an US citizen by choice wants to renounce the claim to ownership of the flat in my favour.

I understand a Legal Heir CERTIFICATE & a NOC would be required. Is this correct ?t

Legal heirship certificate is different to that of of relinquishing his rights in the property.

Legal heirship certificate can be obtained from the local revenue department by submitting an application to it by attaching the death certificate.

Your brother should execute a registered release deed relinquishing his rights in the property.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Referring to the previous query , would request the procedure and documents needed be clarified and listed here.

If your brother is not able to visit India to transfer his share of property to your name then he can execute a power of attorney deed in favor of any close relative in India who shall execute a registered release deed in respect of his share in the property.

You can take the assistance of an advocate who will be able to do all these things effectively.

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