myself and my husband are holding a joint residential builder flat in our name in district faridabad, We also got the registery of the property done in our name few years back. Thereafter i lost my husband in 2008 suddenly without him leaving behind any will. now I have two daughters aged 18 and 21. to get the property transfered in my name, do my daughters need to give their signed consent for the same? And what is the procedure for getting it transfered?
Asked in Property Law from Faridabad, Haryana
1) on your husband dying intestate his 50%share in property would devolve on you and your 2 daughters .
2)your daughters can execute gift deed / relinquishment deed in your favour to transfer your husband 50%share in your name .
3) gift deed / relinquishment deed among family members attract nominal stamp duty .
4) make an application for mutation of flat in your name on basis of death certificate of your husband and gift deed executed by your daughters .
5) if cooperative housing society is formed make application for transfer of share certificate in your name
your daughters have a 1/3 share in their fathers property .The property is jointly with in the name of your husband and you ,so it is necessary to execute a release deed in favour of you by your daughters.
Hi, Your the absolute owner of the 50% share in the house property and remaining 50% will be goes to yourself and your two children so you can execute gift deed or release deed from children so that you will become the absolute owner of the property.
Yes they are equal heirs to your husband's estate and you will require their consent.
1. Do you wish to get the ownership transferred in your favour? If yes, your daughters are required to execute a deed of relinquishment in your favour.
2. After the relinquishment deed is executed you will become the sole owner of the property.
1. You have to obtain prescribed Khata transfer form from the municipal authorites.
2. Your two daughters have to give either NOC/Relinquishment deed/Release deed in your favour.
3. You have to enclose your husband's Death Certificate.
4. Pay the prescribed govt. fees and apply by filling up the prescribed form and enclosing copies of NOC, Sale Deed, your husband's death certificate etc.
5. Take the acknowledgement slip from the municipal office.
6. The officials go through your application for transfer of property in your name and verify all the enclosures and may ask you to furnish some more documents and the officials may come & inspect the property.
7. When the officials are satisfied about the documents you have furnished, the property would be mutated in your name.
1. The property was owned jointly by you and your husband,
2. After te demise of your jusband, intestate, the 50^ share of your husband will be equally owned by you and your two daughters,
3. Your two daughters are required to execute and register a relinquishment deed in your favour after which you will be the sole owner of the said flat.