• Transfer of property to legal heirs in Chennai

My father had a property in Chennai. Post his sudden demise, we applied for a legal heir certificate and obtained the same in the name of my mother , my sister and myself. The agreement for the house is in the name of my father. What is the procedure for changing the property in name of my mother. Also, how to change records of property tax, Electricity Board etc as we would like to get a 3 phase connection for our house. To get the property transferred in the name of legal heir do we have to pay stamp duty?
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

Dear Client,

On the basis of Legal Heir Certificate, property will trasfer in your joint name in govt. records. And to transfer solely in mother name. Release deed will execute in her favor to make her absolute owner than on her sole name, it will trasfer in all records.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

On demise of father your mother had one third share in property 

 

you and your sister have to execute gift deed deed or relinquishment deed to transfer or relinquish their share in property in name of mother 

 

3) then apply to revenue authorities to carry out mutation of property in your mother name 

4) enclose father death certificate, gift deed or relinquishment deed executed by you and your sister 

 

5) legal heir certificate 

 

6) latest receipt of payment of property taxes if no objections are received mutation would be done in your mother name name 

 

7) property tax bills would be received in your mother name 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Dear Client,

You and you Sister should Transfer Property in the name of your mother. There is no Fee in Transfer Deed in Blood Relations in Haryana. Talk to Local Advocate to confirm it in Chennai. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Dear Sir,

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.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. On death of your father intestate, his property gets devolved upon you and your mother along with other legal heirs, if any, in equal share .

2. Now of you wish to make your mother sol then you will have to gift your respective shares in her name relinquishing your shares.

3. Then your mother can apply for recording your name in property records and other revenue record or society record.

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

you can change the name of the owner of the property by mutation of the property.Once it is done ,you can submit the mutation certificate copy to the concerned departments where ever you need to change the owner name

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

You and your sister can execute a gift deed or Relinquishment deed in favour of your mother. After executing deed your mother can apply for mutation and also apply for electricity new connection.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See to.change the ownership of.house in favour of legal heirs you all can apply for mutation of the property before the municipal authority.

 

Further stamp.duty on same is not applicable in case you want to transfer it in mothers name then you and your sister need to.sign relinquishment deed in her favour.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear sir 

You have to make an application in office of registrar along with the copy of legal heir certificate. 

For transfer of property in name of your mother both you and your sister have to give consent affidavit along with application. That you have no objection for transfer of your father's property in name of your mother. 

For change of record of property tax and electricity board this will be done after the registration of property in name of your mother.  You have to make application in both municipal department and electricity Department along with the copy of registry. With prescribed fees of department.

Stamp duty in Chennai for transfer of property in name of your mother will be 1% of property value not exceeding 10000/- rs and registration will be 1% of property value to a maximum of 2000 Rs.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

As your father has not left any Will, his estate shall devolve on all his legal heirs equally by operation of law. Besides your mother, your sister and yourself, Class 1 legal heirs shall include your father's mother too if she is alive now. The title document in your father's name, his death certificate and legal heirs certificate will suffice for the purposes you have stated. However, if you wish to transfer the property solely in your mother's name, you and your sister will have to relinquish your respective undivided shares in favour of your mother by means of a relinquishment-cum-family settlement deed executed by all the three of you narrating all the relevant facts in it and get it duly registered.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You need  to mutuate the property from your fathers name to mothers name through sub registrar office

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1.  Based on the Legal Heir Certificate, you can execute a registered "Family Settlement Deed" (of non-monetary consideration)  (Stamp duty 500/- and Registration 1000/-)/

2.  The above must be executed and signed mutually and signed jointly by all related legal heirs and must define the ratio of property that is to belong to each legal heirs.

3. This Deed can be used for all futuristic legal purposes, including Sale /Transfer /Partition /Mortgage /Gift /Donate /whatever ....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Post his intestate demise his property has devolved on his widow and children equally.

2. Now if you and your sister wish to make your mother the absolute owner of the property then both of you have to execute gift deeds in her favour. Stamp duty and registration charges is a facet of your query which can be answered by only a local lawyer as these are not uniform across India.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If you want to transfer the property to your mother's name then all the legal heirs other than your mother should execute a registered release deed relinquishing your rights in the property in favor of your mother after which she will become an absolute owner of the property.

Then she can apply for transfer the revenue records, water tax and the electricity connections on the basis of the document now created which would empower her to be an absolute owner of the property.

The stamp duty payable for release deed shall be1% of the property guide lines value

 

T Kalaiselvan
Advocate, Vellore
89981 Answers
2492 Consultations

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