yes death certificate of father is needed to transfer property in son name
2) for applying for legal heir certificate teshildar would insist on father death certificate too as you want it to be issued only in your name
Transfer of self acquired mother's property after her death in son's name
I need information how a self acquired mother's property can be transferred to the only son when father is not alive? The death certificate of father is not available and if I have no existing proof of him except ration card and family pictures. Is death certificate of father also needed so that property can be transferred to son's name ? Can i apply for legal heir certificate from tehsildar of my area only with death certificate of my mother and list of all legal heirs( in my case only me) to update the records of mutation in the concerned department.
Asked 6 years ago in Property Law
Religion: Hindu
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18 Answers
When your father expired ?
IF you will apply for LHC, definitely tehsildar will ask for father details, whether died or alive/ divorce and proof of same.
Hence need to know when your father was expire so that other measure can be suggested.
This is my response to you:
1. You must need to obtain a Letters of Administration;
2. If the LR certificate is enough to transfer then go ahead with it;
3. Make sure you collect all documents, including death certificate, affidavit etc.;
4. Consult a local lawyer and start the process.
Dear sir,
since, as per your query the property is self acquired by your mother and she is no more and since, no one except you is alive having the capacity as the legal heir. The property will be transferred in your name as your are the sole survivor in the family.
coming to the practicality of the situation, you have to get a surviving member certificate from the sub-registrar/registrar.Best option will be to file a suit for declaration under section 34 of specific relief act, 1963.
You can contact me for consultation. if any and for formulation of the documents for your convenience.
hopes that solves your query.
regards,
YUGANSHU SHARMA
As it is your mother's self acquired property with the aid of legal heir certificate, death certificate of your parents you can assert your rights over the property.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Dear Sir,
Now a days it is very easy. With the date of death approach your corporation or municipal council office, pay required fees, you may get it by evening.
Alternatively you may check record online and get print out if it is sufficient to serve your purpose.
According to d Hindu succession act u are the sole heir apparent of ur mother's property as your father has expired under section 15. U need to provide death certificate if not available then evidence of his death or hospital details etc. And file for transfer of property in your name
After the death of your both parents you if are their sole legal heir you inherit their property in full.
2. Now only to mutate your name in place of their name you need to produce their death certificate and your proof relationship with them.
3. Yes a legal heir certificate issued by Tehsilder would help you.
death certificate required to transfer property on son name.
you can apply for legal heir certificate at tehsildar office.
she can gift the said property through registered gift deed.
If you confirm that your father is dead then you may have to look for the sources to procure the death certificate for applying for legal heirship certificate.
Without the death certificate of the owner of the property and other legal heirs, the revenue department may not entertain any application for the legal heirship certificate.
Without legal heirship certificate you may not be able to mutate the properties left behind by your mother to your name.
1. If the property is in the name of the mother then the details of the father is not required. Just it may be mentioned in the gift deed.
the mother has full authority to transfer her self acquired property.
regards
1. You have to apply for transfer of mutation of inheritance on the basis of death certificate of your mother, documents which can prove your relationship with her and ration card of your father in the office of tehsildar.
2. If tehsildar does not sanction mutation then you may file a writ petition in the High Court,
Dear Client
You can apply for the legal heir certificate by providing death Certificate of your mother only and death Certificate of your father will not be needed in this case.
If they demand for your fathers death Certificate then you can apply for that in office of Sub registrar Birth and death. And get copy death Certificate of your father.
Can my father in law and mother in law serve as separate witness to proclaim my father's death certificate as our families resided in the same neighborhood and they're the first hand witness of his cremation ceremony.
Asked 6 years ago
1) your in laws may be witnesses of cremation of your father
2) they can execute an affidavit specifying the date and time of death
during the cremation, nagar nigam issued the certificate at the place of funural process established by nagar nigam, if you know to exact date then you can obtain cremation certificate.
Yes, you can rope them in as witness to the said matter before court.
They can depose evidence to prove his death if they know about it.
Court will accept their testimony.
You get it easily by applying at the nearest municipal office.