My Father passed away few months back. My mother, me and brother are the legal heirs for the Apartment flat in hyd. I need to transfer flat on my name. Other legal heirs are willing to accept. I have death cert, family cert, sale deed etc in hand. What do i need to do now? Do i need to go municipal office for mutation? or Do i need to visit sub registrar office to transfer the title of the ownership on my name? Can you please help me and provide complete procedure to do the same?
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First, you will need to apply for letters of administration from court.
After that, The other legal heirs would need to execute relinquishment deed releasing their rights in the property in your favour and the said deed needs to be mandatorily registered after payment of requisite stamp duty at sub register office.
Once that is done, the property can be transferred in your name as sole owner.
Hi Sir Thanks for the reply (1) So i do not need to visit municipal office for property mutation. Am i right? (2) What are the letters need to be applied of administration from court? I have already received Family Member Certificate from Tahsildar, Revenue department. (3) "the said deed needs to be mandatorily registered after payment of requisite stamp duty at sub register office. " IS THIS DOCUMENT EQUIVALENT TO SALE DEED?
Yes file for mutation with the municipal authority once mutation in favour of all legal heirs done, then get a relinquish deed in favour of you from mother and brother and register same with the subregistrar office.
1. You need to get the property mutated in your name once the your name is is reflected in the land records as the sole owner.
2. Letters of Administration are granted by a Court to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules
3. Yes. The major difference is that in case of relinquishment deed, no consideration amount is paid for the release of the property rights, whereas in case of sale deed payment of sale consideration is a must.
You need to file a registered relinquishment deed of all legal heirs relinquishing their rights in said house along with the death certificate of the father. It will get mutuated in your name
Dear client
First you have to obtain the legal heir certificate from tehsildar in name of all legal heirs of your father.
After that relinquishment deed will be registered in your name from your mother and brother.
Then you have to go to office of municipal corporation for mutation of property in your name. With relinquishment deed, legal heir certificate, death certificate of your father. To get the property mutated to your name.
Then after that you can get it registered to your name.
1. you need to take NOC from other legal heirs
2. Succession certificate from the court
3. Inquire with the local lawyer that whether letter of administration is required in your state or a succession certificate
For mutation of the property you will have to visit the municipal office after getting LOA / succession certificate
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.
On father demise apply for letters of administration from district court . Enclose father death certificate, schedule of property
2) your mother and brother can execute consent affidavit
3) court would grant you LA in 6 months
3) then apply for mutation of property in your name with revenue authorities
4) enclose latest receipt of payment of property taxes, father death certificate, LA issued by court
5) mutation of property would be done in your name
If your family members are selling you their share in property vide sake deed then it has to duly stamped and registered
Release deed will execute in your favor by mother and sister. Stamp duty payable.
First of all all the legal heirs have to transfer their rights in the property to your name by executing a registered release deed relinquishing their rights in the property in your favor.
After that you can apply for mutation or revenue records to your name on the basis of this release deed, death certificate of your father.
You will become an absolute owner with clear and marketable title after following this process.
First of all let your mother and your brother execute a registered release deed relinquishing their rights in the proeprty in your favor, after that you may approach the revenue department with an application for mutation of revenue records.
Letters of administration is not required in this situation because your father is reported to have died intestate leaving behind you and your mother and brother as his legal heirs to succeed his estates.