• Self acquired mother's property after her death

What happens when a self acquired mother's property is to be distributed to the only son when father is not alive?
The death certificate of father is not available. How can the same be transferred to son's name ?
Asked 6 years ago in Property Law
Religion: Hindu

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20 Answers

You need death certificate of father to transfer property in name of son after mother demise 

 

 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

death certificate of the father is a mandatory requirement, however, you can file a suit for claiming property and prove the death of father through witness.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You have to get legal heirship certificate from court and submit that in revenue department mentioned that father is not alive. Later on you can able to registered property on your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See property is mothers then mother on her wish can will , gift or transfer the property. In case mother is no more and father has already expired then in that case death certificate for mother can be produced and for father an affidavit can filed and you can apply for mutation and transfer of property in your favour.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A succession certificate should be obtained from the district court and based upon that a declaratory suit must be filed. Both of these would help you get movable and immovable property of your mother.

Regards 


The death certificate has to be obtained. Otherwise witnesses have to be produced in order to prove his death.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since your are the only child and both your parents are no more alive, this property has devolved upon you automatically, you being the only surviving legal heir to your mother. 

Get this property transferred/mutated in your name on the strength of death certificate of your parents. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

Under the Hindu Succession Act, 1956 a son has right to inherit his share in the self acquired property of his mother and get his share in that property only after the death of the mother, provided the mother died intestate, without making a Will in the regards of the property.

During the lifetime of the mother the son has no right in the property of the mother.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If the property is self aquired by mother and she transfers the same then there is no impediment to the same by any law

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

When father expired or not heard ? Reason for non availability of DC.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

father death certificate is mandatory and you can obtain it easily consult local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Death certificate of the father has to be obtained and submitted along with an application seeking transfer of revenue records to your name. 

Moreover a legal heirship certificate also to be obtained and enclosed with the application. 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

When did your father die ? 

 

where  did your father due ? 

 

Did he die in hospital ? 

If a death is not registered within 21 days of its occurrence, permission from the Registrar/Area Magistrate, along with the fee prescribed in case of late registration, is required.

The application form in which you are required to apply is usually available with the area's local body authorities, or with the Registrar who maintains the Register of Deaths. You might also need to submit proof of birth of the deceased, an affidavit specifying the date and time of death, a copy of the ration card, and the required fee in the form of court fee stamps.

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

You can get the same by filing RTI application

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

You must be having witnesses who went to his cremation. They will testify that he has died. Moreover if the property belongs to mother father doesnt have a share in it.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you have to prove the death of your father by way of filing a suit,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You can file before muncipal authrority or panchayat wherein your father expired for death certificate you can try with the ration card and give affidavit also for same. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

When he was expired ? What details you have about your father ?

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You visit the place where he died and was cremated, get a certificate from the cremation ground to this effect and apply for death certificate from the local civic body or the registrar of births and deaths within the jurisdiction.

This process can be followed provided you never applied for death certificate so far.

 

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

To apply for a Death Certificate, you must first register the death. The death has to be registered with the concerned local authorities within 21 days of its occurrence, by filling up the form prescribed by the Registrar. Death Certificate is then issued after proper verification.

If a death is not registered within 21 days of its occurrence, permission from the Registrar/Area Magistrate, along with the fee prescribed in case of late registration, is required.

The application form in which you are required to apply is usually available with the area's local body authorities, or with the Registrar who maintains the Register of Deaths.

You might also need to submit proof of birth of the deceased, an affidavit specifying the date and time of death, a copy of the ration card, and the required fee in the form of court fee stamps.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Dear Client 

You have to apply for legal heir certificate from tehsildar of your area with death certificate of your mother and list of all legal heirs( in your case only you). 

And after that with help of legal heir certificate and death Certificate of your mother you can update the records of mutation in the concerned department. After the updation of record you should apply for registration of property on your name in office of sub registrar.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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