• Transfer of house to my mother after demise of father

My father has willed the house he built to my mother. I would like the house to be transferred to her and all property related matters(ie property tax, electricity bill etc) to be in her name.
Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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15 Answers

ON the basis of WILL, property will trasfer in mother name, apply to municipal office attaching death certificate of father and copy of WILL. .

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. If your father has given the property to your mother by Will then she on death of her husband will be entitled to get the same.

2. However Will in many states requires Probate to become effective. So check the law in your state and once Probate is allowed to the beneficiary your mother on this basis can aplu for mutation of her name in respect of the property.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1.  Make a proper application and affidavit and annex the photocopy of the WILL document and submit it to the local Municipal /Gram Panchayat office, for further mutation in Mothers name.

2.  Once the mutation (transfer) is done on records, THEN only apply for transfer of names in Property Tax, Water, Electricity etc.... documents.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can do the mutation on basis of the said will. You can go ahead and transfer the same on basis of will after the death by attaching the death certificate

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

Apply for mutation of property in mother name 

 

2) enclose father death certificate 

 

3) copy of will 

 

4) latest receipt of payment of property tax 

 

5) if no objections are received mutation would be done in your name 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

Get the will probated and after the probation get the mutation done on your mother's name and thereafter you may get all the matters transferred to her name. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Get in touch with a local lawyer for the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See.you need to get the probate of.the will from the probate court and file for mutation of the property on name of mother based on the probate of the will.

Furthermore electricity bill and other charges can be transferred using same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1)Since your father had died if without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive) 

obtain legal heir certificate and approach the Authorities for mutation of the property in their name and  the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. 

2) if deceased father leave a will then your mother  need to probate the will in jurisdictional court. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

You can get NOC from all the legal heirs of your father, get an application from your mother seeking transfer of revenue records and ll other records to hre name from your father's name, attach the copy of the Will, NOC and legal heirship certificate and also your father's death certificate, approach the Tahsildar's office with all these documents, submit them who will inform you about the action taken on this  in due course of time.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

It is alright that yor father passed away long ago, you may follow the procedures as advised in my previous post for completing the desired task

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

The will exists. Probate has to be taken from the court. Once all the things are in her name the bills can be altered in her name.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

That does not matter as long as you have the will. Obtain a probate.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that your father has passed away leaving behind a Will on your mother name with respect to the property in question.
  2. Yes, you can get it transferred to your mother name, but before that you will have to probate the will before he court of civil law.
  3. Once the probate has been done then you can get start with the process of transfer irrespective of the the fact as to whether other documents was in your mother’s name or not.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client 

If you have will of your father then just go to revenue department with Following documents to Get property transfered to your mother name

  1. Death Certificate of father
  2. Will
  3. IDs of your mother 
  4. Document of witnesses. 

After getting the property transfered you can get every other thing transfered to your mother name by providing copy of registry of property 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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