Property is in the name of my father. He died in the year 2001. After my father, We have my Mother, My Elder brother ( Wife and 1 Son), My Sister (Brother In Law, 3 Kids) and Me ( Wife and 1 Son). Mother want to sale the property and get the money so that she can live her life peacefully. What procedure my mother needs to follow so that she can sale the property and get the money. Also what are the options available for her like 1) If she first transfer the property from my father name to her name and then sale it. 2) if she do not get transfer the property in her name and directly try to sale out. As children what we need to do as legal procedure so that she can sale property easily.
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You and your siblings can execute relinquishment deed to relinquish your one fourth share in property
2) mother can on property being transferred in her name sell the property
3) in alternative gift deed can be executed to transfer their one fourth share in property
4) property needs to be transferred in mother name for her to sell the property
1. The property of your father has devolved on his widow and all children equally if he did not make a will. The share of every heir is 1/4th.
2. Your mother's share is only 1/4th, hence she alone cannot sell the entire property unless other 3 heirs execute a release deed in her favour.
Hi, you all have to make transfer deed in favour of your mother ,so that she becomes the single owner of the property..Afterwards,she can sell out the property without any hassles
All legal heirs of the property needs to sign the sale deed or they need to relinquish their share in favour of your mother.
Legal heirs here are mother, sons and daughters only. Kids wifes brother in law are excluded.
You, your brother and your sister, need to execute a relinquishment deed in favour of your mother so that the whole property comes to her. By this relinquishment deed all 3 of your will relinquish your respective share in this property in the favor of your mother. Based on this deed, she may get the property transferred in her name on the revenue records. Post this, she will be free to sell off the property.
What in case if husband has died. Wife and husband have been leaving in a house however house owned on my husband name. Now After his death.... How a widow will get transferred the house on her name as widow.
Widow has to apply for mutation of property in her name
2) enclose husband death certificate
3)other legal heirs can execute gift deed or relinquishment deed for their share in property
If property is self acquired by your father without consent of all legal heirs your mother cannot sell or transfer on her name. As a legal heirs all siblings and your mother is co owner in said property.
execute a relinquishment deed in her favour.
Upon intestate death of your deceased father the property left behind by him shall devolve equally on all his legal heirs consisting his wife and children.
If you and your siblings want this property to be transferred to your mother's name alone, then you three should execute a registered release deed relinquishing your rights in the property in favor of your mother.
After that your mother will become an absolute owner of the property and can sell it independently.
Whether the husband and wife alone were living in that house prior to husband's death, the widow of the husband will not be entitled to property in full, her children being successors in interest re entitled to their legitimate share in the property left behind by her husband.
They may follow the procedures as stated in my previous post to make the wife as an absolute owner of the entire property.
See on demise of father if there is no will then in that case mother along with all.children shall have equal share so to give mother complete property all children need to sign registered relinquishment Deed in her favour.
Register a relinquishment deed in her favour then she shall be absolute owner of same.
The window can file.for.mutation based on death certificate and legal heirship is she is only heir.
If the property is self acquired property of your father and he was not having any will then all children will be legal heir. She needs noc of all children to sell the property. She can transfer the property in her name only up to the extent of her share. She can sell the property if all heirs have given her noc for the same
Dear client,
After father death, all 4 you will inherit property. To make mother absolute owner, You 3 have to execute release deed in mother favour. Or execute POA in mother favour than she solely can sell the property and 3/4th share of sale amount shall be gifted to her.
After husband death , his property will inherit in his wife , mother and children. On the basis of legal Heir certificate, property will transfer in their name . Or can make her absolute owner by executing registered WILL.
For the widow to become the absolute owner of the house the other heirs have to execute a release/gift deed in her favour.
The right to the property automatically pass on to the legal heirs after death of the owner in absence of any will or other testamentary disposition in contrary. Only name to be changed by mutation showing the legal heir certificate.
