• Property on mother's name after father's death

Hello,

After my Father's death want to apply my mother's name on the property.
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

Hello

Obtain a succession certificate from the district court. On this basis the property would be transferred in your mother's name.the property can then be transferred in your mother's name.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See after father's demise all the legal heirs have equal share in property that are children of your father , your mother and mother of father if alive. So the property needs to be mutated in all legal heirs name then you all can make a relinquish ment or gift deed in favour of mother to make her absolute owner.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Other legal heirs should execute gift deed or relinquishment deed to transfer or relinquish their share in property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You as well as all the other living class 1 legal Heirs of your father would have to execute a gift or relinquishment deed in favour of your mother,if you want to transfer the entire title of the property to her name to make her the sole owner of the property.

Also, said deed needs to be mandatorily registered after payment of requisite stamp duty

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. you will need a LA from Court

2. Court will appoint an administrator under that LA

3. Administrator will then transfer property to your mother by executing and registering a transfer deed

4. all other legal heirs of your father can become confirming parties in above transfer deed

5. this will complete the title of your mother to your deceased father's property

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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. 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. The Relinquishment Deed will involve very small stamp duty and registration fee.

Once such a Relinquishment Deed is registered, then your mother can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in her name.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You have to write no objection certificate in this regard to transfer the property in the mother's name and not the property in your mother's name in revenue records

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Apply for mutation of property ,

your mother and her children's are equal right on the property of your father

If childrens don't want share in property they can surrender there part to mother or may gift

Dimple Jain
Advocate, Jodhpur
222 Answers

This is my response to you:

1. Since your father died intestate, i.e. without any Will therefore all legal heirs become the owner;

2. Draft a Release Deed and transfer the ownership from his children to his wife i.e. your mother;

3. Pay the nominal stamp duty and registration fees;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1) You can apply in grampanchayat, PMC along with all details of property papers, death certificate of your father and all legal heirs name in that application.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Who are the legal heirs of your deceased father's property?

2. If you and your mother are the only legal hairs of your deceased father's properties then you can register a relinquyishment deed in favour of your mother and thereafter your mother will become the title holder of the entire property of yourb deceased father.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Then all the legal heirs of your father have to execute a registered release deed relinquishing yor rights in her favor.

She will become an absolute owner of the property after that.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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