• Transfer of property and its change of name in absence of will

Hi! there!!

My father was the registered owner of his flat and he also got some portion of a the same property through my grandfathers probated will. But my father had expired last month!! intestate leaving behind with no Will at all to execute!! and we are hindu by religion as well

Now "I and my mother both are alive.. and i and my mom are willing to want to transfer the property in my name solely with moms no no objection" .. so what legal steps do we have to take or what legal instruments do we require to do so?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Apply for letters of administration from

High court as father died intestate

2) your mother can execute consent affidavit

3) enclose father death certificate

4)if there is no contest you would get LA in 6 months

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Succession certificate is only for movable debts and securities

2) For immovable property you need LA

3) if society is willing to transfer flat in your name on basis of registered relinquishment deed or gift deed executed by mother then you need not apply for LA

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive). First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate. After making enquiries, the Tehasildar will issue the legal heir certificate. On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name. However, you want that the property should be registered in your mother's name or any other heir name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother or other heir. The Relinquishment Deed will involve very small stamp duty and registration fee. Once such a Relinquishment Deed is registered, then heir can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in thier name.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

relinquishment deed or gift deed by mother would suffice

only if flat is transferred in your name in society records can your name be reflected in property taxes bill

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir first based on father death certificate and other family I'd proof documents and affidavit get the property mutated in your and your mother's name.

The mother can then make a registered relinquishment deed in your favour and can register the said property to you. The deed needs to be registered and stamp duty is required to be paid

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir get the mutation done you won't require LOA, succession certificate is for movable assests like FD Bank deposits.

After mutation mother can execute a relinquishment deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir make an application to the Supretendent city survey with the death certificate of father, I'd proof of you and mother property documents extract and affidavit that you and mother are legal heirs your both name shall be entered. Then mother can relinquish her rights on you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello,

You will have to apply for letter of administration in the HC.

Death certificate of the father will have to be filed and the mother can give her consent.

It will take around 6-12 months for you to get the LOA

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You will require LOA since succession certificate is just for movable debts and securities as per the Indian Succession Act.

However, you mat have a word with the MC and if MC agrees to transfer the flat on the basis of the relinquishment or gift deed then no need to obtain LOA

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As we are the legal heirs left but we dont have the said property in our name but can we Executing Deed Of Relinquishment Or Deed Of Gift to transfer the rights?

my concern is that I want to enter my name in the property tax bill! in the corporation before executing any deed... so is it possible?

what do we need to do first ?

Once the relinquishment deed is made and the society transfers the flat to your name then you may get the bills on your name.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

certainly a Letters of Administration will be required

the administrator will transfer the property to your name with your mom as confirming party in the transfer deed

the transfer deed has to be registered

there is minimal stamp duty on transfer deed

without LA you will not get title

even local body will ask for LA and registered transfer deed in your name to enter your name in property tax bill

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Your mother can make a gift deed in your favour and the property could be transferred in your name and payment of notional stamp duty on the basis of Property value please check in your state normally it is 1 percent to 2%

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Since there is no Will both you and your mother inherit his property in undivided equal share.

2. Now if your mother is willing to transfer her share in the property left by her husband then she can do so by way of a registered deed of gift in respect of her half share in the immovable property.

3. Once that is done you can apply for mutation of your sole name in respect of his immovable property.

4. For his movable assets you can apply for Succession certificate where your mother cna submit her NOC so all movable assets are released in your name exclusively.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Now "I and my mother both are alive.. and i and my mom are willing to want to transfer the property in my name solely with moms no no objection" .. so what legal steps do we have to take or what legal instruments do we require to do so?

The properties of your father upon his intestate death shall devolve equally on all his legal heirs

Your mother can execute a registered release deed relinquishing her rights in the properties to your name after which you shall become an absolute owner of entire properties with clear and marketable title to the properties.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Why Letters Of Administration required in this?

Succession Certificate? Will be enough to transfer the name ?

Or Can We Execute Deed Relinquishment at Present?

In my opinion ther is no necessity for letter of administration or succession certificate.

Your mother can execute a registered release deed relinquishing her rights in your favor which will be more than sufficient, besides you may obtain a legal heirship certificate from the Tehsildar's office.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

As we are the legal heirs left but we dont have the said property in our name but can we Executing Deed Of Relinquishment Or Deed Of Gift to transfer the rights?

Yes, this can be done.

my concern is that I want to enter my name in the property tax bill! in the corporation before executing any deed... so is it possible?

No, it is not possible until the proeprty falls fully on your name

what do we need to do first ?

First get a registered release deed executed in your favor.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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