• Transfer of property after mother's demise

I am the only child. My mother expired and the property land and house(in telengana state) is in her name. No will or legal heir certificate is available. Property is in the municipality. How should I transfer property to my name/fathers name. I want to sell it at some time. Some say that I should go to sub registrars office and get it mutated then go to the municipality and get the property tax related details corrected. Some say that I get the family member certificate from mandal revenue officer, then go to municipality and submit for mutation and there is no need to go to mandal revenue officer. Who is correct. What should I do. Note property is in a municipality area in telengana state
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

On your mother demise you and your father are the legal heirs 

 

2) you can apply for leher certificate in your name and father name 

 

3) then apply for mutation of property in name of legal heirs 

 

4) enclose latest receipt of payment of property taxes 

 

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

 

6) then only sell the property 

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

1. Well, on death of your mother you being her sole legal heir inherits ll her properties in elusive share and there is no requirement for further transfer of the same.

2. However om the basis of her death certificate and affidavit you can apply for mutation of your name in respect of the revenue record of all her immovable assets.

3. once the same is done there is nothing left to be done to establish your ownership anymore.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Dear Client,

You have take Legal Heir Certificate from Court for transferring her property in your name 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

You need to get it mutated in your name before sub registrar office

Prashant Nayak
Advocate, Mumbai
34651 Answers
249 Consultations

Approach the concerned Revenue Authority and procure a legal heir ship certificate.

On the strength of the above legal heirship certificate and your mother’s death certificate, approach the Municipal Corporation to get this property mutated in your favour 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

See you and your father can apply.for.mutuation for the property if the municipal.authroity as you can take a family certificate from tehsildar and you both are legal heirs you name.can be mutated in records vide same you can sale the property as per your wish.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Once the death certificate is obtained from the municipality/corporation, it is required that the successors apply for this legal heir certificate to claim their right over the deceased person's properties. pls consult local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1.  Since there is no existing WILL document, for futuristic clear marketable title of property land, you have to obtain "Letter of Administration" in your favor from the City Civil Court or High Court.

2.  Above process shall confer absolute Title-Ownership of the deceased's property to you /your legal heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

According to Section 15 of the Act, the following persons inherit a woman’s property after her death:

  • Her children
  • Children of predeceased children
  • Husband
  • Mother  and Father of the deceased mother
  • Heirs of husband
  • Heirs of father and mother

You apply for their death certificate and then apply for family survival certificate then for legal heir certificate. If your mothers or fathers mother is alive include them as legal heirs of theirs.if father mother then her as his legal heir. Then mutate the property in your name in his or hers mothers name if there

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

First you need to get legal heirship certificate 

Second go to mandal office and apply to insertion of your name and remove mother name on death ground.

 

Thirdly you can show in municipal corporation after change in mandal office details on your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear sir,

There is no need to go to sub-registrar office

You just collect family heir certificate and approach the municipality with a representation to transfer property in the joint names of yourself and your father as your mother is died. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6239 Answers
499 Consultations

No role of sub registrar, property will trasfer in joint ownership of you and father in municipal records. Have to apply for Legal Heir Certificate at Tehsildaar office - mandal revenue office. He/she will issue LHC than on the basis of it, Property will transfer in joint name.

,

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

- After  demise of your mother , without leaving any WILL etc, then as per Hindu law, you and your father now have equal right in the property.

- Now, you will have to apply for getting Legal heir certificate after submitting the death certificate before the Mandal /Registrar/SDM office of your area.

- After getting the said LR certificate you should mutuate the said property in your and your fathers name.

- Some time , there is no need of even LR certificate for mutation. It can be mutuated even after submitting an affidavit of LRS. So, enquire before applying for LRS certificate from the above mentioned office.

- After getting the said property mutuated in your/fathers name , you are free to sell the same legally.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

Dear

First of all you need to obtain legal heirs certificate from tehsil office by providing details of legal heirs of your mother along with death certificate of your mother and IDs of all legal heirs.

Then go for mutation in mandal office and on basis of mutation you can get registered deed on your name. After that you can sell the property with consent of all legal heirs.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You may have to first obtain a legal heirship certificate from the revenue department with the list of the legal heirs surviving your deceased mother.

After that you may have to apply for transfer of revenue records to the names of the legal heirs or the successors in interest.

Subsequently you can sell the property jointly along with the coshareers.

 

 

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

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