• Transfer property

My mother was expired 15 years back, two sons and one daughter for her and all are major, my father is also alive. We don't have podi for that land. What is the procedure for transfer to us and to sell
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Sir obtain letter of administration for the land in name of the legal heir that is all the siblings and father . Based on same property can be mutated in favour of you all.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir if they are trying to occupy same , file a stay application along LOA petition seeking stay on there occupation of the land.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Apply for mutation of property in name of legal heirs

2) enclose mother death certificate

3) it is advisable to obtain letters of administration from district court in name of legal heirs.if there is no contest Itdoes not take more than 6 months

4) if no objections are received mutation would be done in name of legal heirs

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Apply for LA from district court in name of legal heirs

Mutation would be done in nam eof legal heirs if you have LA from district court

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

You have take possession immediately if you are not in physical possession of the same. Get all RTCs in your name. Get all revenue copies from concerned revenue officers and also EC from Sub-Registrar Office. File a simple Injunction Suit against them saying they are interfering with your peaceful possession.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. On death of your other her property gets automatically devolved upon her husband and children by law of inheritance.

Now only thing you require to do is to apply for Mutation of the land though the same is not mandatory.

So on the basis of her death certificate and her title deed you can proceed to sell the land.

If any other person causing disturbance of disputing your title you can file a suit for declaration and injunction.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Obtain a legal heir certificate and get this land transferred on to the names of the legal heirs in the revenue records.

Approach the concerned Tahsildar for obtaining the Legal Heirship certificate.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

After mothers death intestate are husbansd and childrens, you should obtain legal heir certificate from tehsildar and transfer the said property on your name.

If anyone taking possession on land you should take injunction order immediately and also file F. I. R against them u/s 441 at your jurisdiction police station.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear client,

1.You have take possession immediately if you are not in physical possession of the same.

2. Get all RTCs in your name.

3. Get all revenue copies from concerned revenue officers and also EC from Sub-Registrar Office.

4.File a simple Injunction Suit against them saying they are interfering with your peaceful possession.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

If the property was on your mother's name, then you may first obtain legal heirship certificate and after that you can apply for transfer of revenue records on al the heirs name jointly, which will enable to sell the property jointly.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

My relatives are trying acquire land, now they given documents like they are in position, but we have sagualli and form 53 in my mother name

What about the title document?

Whether the registered title document is on your mother's name,then you can seek an injunction against them restraining them from interfering in your possession and enjoyment of the property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

OPTION 01:

1. Since Deceased had not executed any WILL, hence file Petition before the local Civil /High Court, to issue "Letter of Administration", in favor of either of the four or all four persons, consequent to which the deceased's Property can be transferred appropriately.

OPTION 02:

2. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the Four legal heirs, wherein the property of deceased can be distributed amongst themselves.

3. Both above process shall confer absolute Title-Ownership of the deceased's property to the Four Legal Heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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