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  • How to get the title deed changed to reflect name of sole legal heir

Mother, who was owner of property (rowhouse) passed away. Son is the only legal heir. How to transfer property to son's name?
Asked 6 years ago in Property Law
Religion: Christian

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19 Answers

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 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

you need to apply for grant of letters of administration from the court

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Apply for legal heir certificate than submit application in municipal office, attaching copy of LHC to trasfer property in your name. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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

 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

 

 

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.

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Apply for legal heir certificate after then you can apply for mutation. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Agreement to sell does not create any title, only sale deed does.

2. Get the document vetted by a lawyer,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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