See all the legal heirs of grand father that is your father along with his sister first have to mutate property in there name then have to make a registered gift deed in your favour they all have to sign and register there share in your favour.
Transfer of property from grandfather to grandson directly
Hi , My grandfather owns a property (some pieces of land) and he died without making will, my father is one among the 4 children's for my grandfather ( 3 daughters and 1 son ), still the property is under my grandfather's name, I want to directly transfer the property from my grandfather's name to my name (grandson), for this my father and his siblings are also interested and willing to give me the authority How can we process this , what kind of deed to be executed, relinquishment deed or gift deed or any other deed. Please help me with your suggestions
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
Gift deed can be executed by your father and his siblings for transfer of property in your name
2) gift deed should be duly stamped and registered
Both gift deed or relinquishing deed be done with only difference gift deed will attract stamp duty.
1. You can register your name in the revenue record for this property only if you become its sole owner.
2. In that event your father and three of your aunts need to make a registered gift deed in your name.
3. Since you are not the co sharer of this property, the deed of relinquishment is not effective here.
Execute a gift deed or relinquishnent deed. the said deed must be systematically executed and registered as per Section 17 of the Registration Act,
He can execute a registered gift deed along with noc of all other legal heirs. Legal heirs can also execute Relinquishment deed for the same.
Dear Client,
You may it by the will of your grand father. You may also use relinquishment deed or gift deed. You may also get by Transfer Deed in your favour. There is no fee on the transfer deed.
Your father, all his siblings and you will have to jointly execute a relinquishment-cum-family settlement deed where all others forgo their respective shares in your favour, and it has to be duly registered. All the relevant facts such as how your grandfather acquired the property, his date of death, his not leaving a Will and his legal heirs have to be narrated in the deed without fail.
1. "relinquishment deed or gift deed" cannot be executed since only grandfather would have executed it since the property stands in his name.
2. All the residual Legal Heirs of Grand Father can execute a Registered "Family Settlement Deed", with mutual consent and signatures in your favor, for all rights over the said property. This Deed would be legally sufficient for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....
Keep Smiling .... Hemant Agarwal
1. If all the legal heirs of your grandfather are ready and willing to transfer their share in the property of their father to you then they have to executed a gift deed in your favour.
2. Get a flawless gift deed drafted by a lawyer and then get it registered.
3. Separate gift deeds should be executed by every heir..
Dear sir
The process for transferring the property directly to grandson name is
First you have to apply for legal heir certificate in tehsildar office in which you make an application which contains name of all class I heirs along with death certificate of your grandfather . They will issue certificate in name of all class I heirs.
Then you have to apply for mutation of property in your name along with legal heir certificate and relinquishment deed of all other legal heirs of your grandfather after further inquiry you can get property registered in your name.
Since you are a third person to your grandfather and also upon his intestate death the property devolves on all his legal heirs equally, all of them can execute a registered gift deed in your favor.
Alternately they can execute a registered sale deed for which you may have to pay the sale consideration amount to them.
They have to execute deed in your favor.
Dear Sir,
As per your query, you can get the death certificate of your grandfather issued from you’re your local municipal office/tehsildar or other authority who provides the same in your area.
Upon receiving the certificate you can take the following steps to claim your grandfather’s property
The legal heirs should make an application before tehsildar for mutation of property in your names. Enclose death certificate of grandfather, father, and death certificates, Will of grandfather, your ration card, birth certificate
Also, enclose property tax paid receipts and property will be mutated in your name and that of all other legal heirs.
