Apply for letters of administration from district court as mother died intestate
2) enclose her death certificate
3) details of row house
4) LA takes around 6 months if there is no contest
5) then apply for mutation of property in your name
Mother, who was owner of property (rowhouse) passed away. Son is the only legal heir. How to transfer property to son's name?
Apply for letters of administration from district court as mother died intestate
2) enclose her death certificate
3) details of row house
4) LA takes around 6 months if there is no contest
5) then apply for mutation of property in your name
Son can file an application for mutation along with the death certificate of mother and property documents before the Municipal authority in jurisdiction. On receipt of application in prescribed format along with Affidavit and other documents the house mutation shall be transferred to sons name.
1. You have to get a "succession certificate", from the local civil court, which will reflect the legal heir of the deceased mothers.
2. With a copy of the succession certificate, you have to Apply to the tahsil /municipal office for transfer of property in your name. This may involved payment of nominal fees as may be required by the said offices.
On the death of the owner the property is inherited by her legal heir.
In this case you are already owner of this house on the basis of law inheritance.
Now on the strength of death certificate and legal heir ship certificate you can apply for change of mutation of the house in your name
Dear Sir,
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.
Apply for legal heir certificate than submit application in municipal office, attaching copy of LHC to trasfer property in your name.
Dear sir
First you have to obtain the legal heir certificate from tehsildar of your area.
For that you have to make application with death certificate of your mother list of all class 1 heir to tehsildar. After that tehsildar after inquiry issue you the certificate. With that you can apply for mutation of property in your name in concerned department.
With all the documents that is
Application for transfer
Legal heir certificate
Registry of your mother name
The sale document is an Agreement for Sale not a Sale Deed. Will it make a material difference while trying to append the heir name on the property card?
Transfer of ownership through agreement to sell not valid. Well, if in property card, your mother name is appearing, than your name will be substituted. No need to show agreement to sell.
Yes as for sale agreement it is only promise to sale and the seller has to make a sale deed in favour of legal heir of deceased.
Though in case it is old cooperative housing society raw house then share certificate and sale agreement must be there based on same society can transfer the share certificate in favour of son and based on share certificate you can apply for mutation.
You can apply for sales deed in your registrar office on basis of agreement for sale as legal representative of your mother. In this the other party is also required for the process.
whether its an agreement for sale or sale deed, the first step will be to apply for LA
Once LA is granted and administrator is appointed, he can take steps to execute the conveyance in favour of the legal heir son and have it registered
the registered conveyance deed can then be submitted to city survey officer for mutation of property card to include son's name
without LA, even the authority responsible for doing PR Card mutation, will not accept the application of transfer made by son without a valid LA from court
1) an agreement for sale contains a promise to transfer a property in question in future, on satisfaction of certain terms and conditions. So, this agreement itself does not create any rights or interest in the property, for the proposed buyer.
2)
Section 54 of the Transfer of Property Act enacts that the sale of an immovable property can be made, only by a registered instrument and an agreement for sale does not create any interest or charge on its subject matter.
If the property is a flat and if he is nominee then he can transfer the share certificate. Else through will or succession certificate he can do mutuation in his name
Obtain legal heirship certificate from the Revenue department and then apply for transfer of revenue records of the property from your mother's name to your name by attaching the death certificate and this lgal heirship certificate before the Tehsidar's office.
After verification and scrutinisation the name in the revenue records will be transferred to your name from your mother's name
The agreement of sale is not a title document hence your mother did not have a proper or clear or marketable title on her name, hence you should approach the seller to execute a registered sale deed to your name after which you will become the absolute owner of the property.
Without following the above procedure you cannot enter the name in the property card.
1. If son is only legal heir then he has succeeded absolutely to the property of his mother on latter's intestate demise.
2. There is nothing which son has to now do except to apply for transfer of mutation of inheritance along with house/property tax bills to his name.
3. He should obtain a death certificate of his mother and then apply for transfer of documents mentioned above.