If he is a nominee then it will be automatically transferred through society. If the mother dies intestate then you need to secure succession certificate from court for trnasfering the same
Transfer of property
My mother, the registered owner of a house in Ludhiana died in 2007. She did not leave behind any registered will. Till today the house continues to be registered in her name and one of her son (my brother) is staying there with full knowledge and permission of the other sons. My questions: a. How can the house be transferred in the name of the son living in that place. All other legal heirs have no problem and willing to give affidavit as maybe required. b. Is there a time period within which the house needs to be transferred c. Does it fall under Benami Property
Asked 6 years ago in Property Law
Religion: Hindu
16 Answers
you and your siblings have to execute relinquishment deed or gift deed
2) it should be duly stamped and registered
3) apply for mutation of property in name of brother
4) enclose mother death certificate
5) latest receipt of payment of property taxes
I have not received any answer to my 2nd and 3rd point
Asked 6 years ago
it is not benami property
2) apply for mutation of property at the earliest
No time period but it's good if transferred ASAP.
No it's not benami
a. Other(legal heirs to your mother) need to relinquish their respective shares in this property in the favour of this brother(currently residing in Ludhiana.)
b. No. The sooner it is done, the better it shall be.
c. No
Only want to trasfer house in govt records in his name or complete ownership in his name. Ownership will trasfer by executing release deed.
IN govt. records it wont trasfer in sole name without release deed.
No limitation.
No.
1. Other son and daughters i.e. legal heirs have to sign and register reliqnushment deed for same.
2. No fixed time but as soon as possible it should be transferred to avoid complications.
3.No it is not it is inherited property.
Sir file for mutation in name of all legal heirs then through relinquishment deed it can be transferred to one legal heir.
Other heirs require to relinquish their right in favour of the particular heir or heirs.
There is no time limit in transferring property rights.
It shall not be treated as benami property.
Answer to all your questions are below :
a) All legal heirs name should be inserted on the property card first. And later on make the relinquish deed between legal heirs to whom the property has to transfer on one son signed by others. Get this relinquish deed registered in the registrar office.
b) No, it's not time frame but later one you to give all reasons asked by government authority. By submitting legal heirship certificate and death certificate of parents you can apply to insert name on property card.
c) No, it's don't fall under Benami property, instead its called inherited property.
Dear
There is a process of transferring the house of deceased to name of one legal heir with consent of other legal heirs of deceased person.
First you have to obtain legal heir certificate from tehsildar for that you hve to make application for obtaining legal heir certificate along with death certificate of your mother with list of legal heirs and IDs of all legal heirs.
They will issue legal heir certificate after inquiry.
After that all legal heirs who want to give up their rights in the property have to make settlement deed or relinquishment deed in favor of the son living in that house
No the property doesn't become a benami property.
1. ALL the residual Legal Heirs of the deceased mother should execute a registered "Family Settlement Deed", with strategic clauses, in your favor. Thereafter no other documentations is required.
2. There is no Time period for Transfer of Property.
3. No it CANNOT fall under Benami Property, under any circumstances.
Since your mother had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., Son's Daughter's.
First, one has to obtain legal heir certificate. all the legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your brother.
there is no time limitation.
it is not benami property
1. Since this property belonged to your deceased mother, upon her intestate death the same devolves equally on all her legal heirs including your father if he is living.
Thus all the legal heirs/successors in interest have to jointly execute a registered release deed relinquishing your rights in the property in his favor, after which he will become an absolute owner of the property.
No affidavit or anything or that sort would help him to become the absolute owner of the entire property.
2. There is no time limit for taking this step.
3. No this is not a benami property.
The answer is given in my previous post, you may go through the same.