You have to apply for mutation of property in your name
2) enclose death certificate of mother , father
3) latest receipt of payment of property taxes
4) if no objections are received mutation would be done in your name
Procedure to transfer my mother's apartment to my name as my both my parents are deceased
Whats the procedure to transfer my mother's apartment to my name as my father and mother are deceased and i am their only child no siblings and their respective parents have been deceased too. What are the additional documents required to transfer it to my name and also will the registration and stamp duty be applicable on transfering the property
Asked 4 years ago in Property Law
Religion: Muslim
25 Answers
First try to transfer the apartment on mere declaration that you are only legal heir of mother, in case society ask for proof than apply for Legal Heir Certificate. Valid proof of heir ship. No stamp duty payable.
Death certificate of mother and father will enclosed.
Dear Sir,
Since your father and mother had died without leaving any WILL, their property will go in his Class-I heirs viz., i.e. you.
First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.
After making enquiries, the Tehasildar will issue the legal heir certificate.
On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.
However, you want that the property should be registered in your name.
You can approach the authorities along with the legal heir certificate for getting the property mutated in your name.
See you need to file an application for mutation of property in your name, for same you need to file an affidavit along application and identity proofs with the Municipal /Revenue authorities.
Stamp duty as per the state is available.
1. Assuming that the property is under the limits of BBMP, you have to obtain a prescribed application form from BBMP office for transfer of Khata in your name.
2. After filling up the prescribed application form, enclose a copy of sale deed, Khata, latest tax paid receipt, death certificate of your parents, etc and submit the same to the jurisdictional BBMP Office and after is processed, you will get Khata in your name.
3. There will be no registration and stamp duty payable.
4. You can also contact Bangalore One centre for online Khata transfer.
No need to transfer as you are the sole legal heir .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
You will require legal heirship certificate and insert your name on all mutation papers and property cards.
There is no such registration and stamp duty fees for it.
You can do the mutation by submitting the death certificate to the sub registrar and get it transferred to your name. They can also ask for legal heirship certificate if they want.
Have your parents left behind a WILL, registered or unregistered so as to enable easy transfer of the properties into your name.
If not, then get the following documents prepared;
a) Family tree or Genealogical tree of your parents and yourself as their only legal heir on a stamp paper of Rs.20/-,
b) Death certificate of mother (Original),
c) Sale deed of your mother property,
d) Latest Tax paid receipt 2019-20,
e) Latest Katha certificate and extract in the name of your mother with respect to the apartment standing in your mother name.
Apart from the above documents no other document would be required. No stamp duty or registration fees is payable.
Procedure would be Pouthi Katha in your name, from the name of your mother to your name, the Katha would be transferred in the municipal records of B.B.M.P.
Approximate cost would be between 25 to 30K.
Procure the death certificates of the deceased parents.Apply and obtain legal heir ship certificate from the jurisdictional Tahsildar's office in respect of the legal heirs of the deceased parents by producing a copy of their death certificates.After that you can transfer.
1. You require the death certificates of your parents and your identity proofs to prove your relationship with them.
2. Once you get these documents then apply for transfer of share certificate.
3. So far as stamp duty and other charges are concerned only a local lawyer can throw light on this.
Hi
Since you are the only legal heir and since there are no other legal heirs, you should obtain a letter of administration (succession certificate for immovable properties) from court and the court will direct the sub registrar to register the property in your name. Stamp duty and registration charges will be nominal in your case as you are the sole surviving legal heir
1. For a really clear-title to the parent's property, apply for a "Letter of Administration" before the local Civil court, by following due procedure of law and consent affidavit's of other legal heirs.
2. AFTER getting the above order, apply to the Revenue dept /Municipal dept, to mutate /transfer the property in your name. No need for registration or stamp duty.
File a declaratory suit in the civil court and then on that basis you can transfer the property in your name.
You need legal heir certificate from tehsildar for your father and mother along with their death certificates for transfer of properties to your name.
Since your mother is reported to have died intestate, you may have to obtain a legal heirship certificate in respect of the legal heirs of your deceased mother and then get the property mutated to your name.
Based on the mutation records, you can apply for share transfer with the society to transfer the shares of the apartment to your name from hers.
You need not get the property registered to your name.
Without transferring will i be able to sell the apartment or should i transfer it to my name and then sell it? Also what is the cost to transfer the property to my name without any will and no siblings?
Asked 4 years ago
you have to transfer property in your name then only sell it
legal fees vary depending upon lawyer engaged by you
It can be sell without trasfer of name but LHC will be needed to confirm your ownership by inheritance. No cost involved, it`s not transfer of property but only title by inheritance.
1. Without transferring the Khata also, you can sell the property. To follow this procedure, you have to produce Family Tree/Legal heirship certificate, etc.
2. Better to get the Khata transferred in your name and then sell.
3. Already this point has been replied in my earlier reply. However once again, I am reproducing the same.
After filling up the prescribed application form, enclose a copy of sale deed, Khata, latest tax paid receipt, death certificate of your parents, etc and submit the same to the jurisdictional BBMP Office and after is processed, you will get Khata in your name.
4. There will be no registration and stamp duty payable.
You can sell the same if you are a legal heir or you have succession certificate.
First you have to transfer sake in your name then only you shall he abke to sell it. See there shall be minimal cost applicable on same.
In order to sell the apartment you will need the Katha to be transferred to your name, as it currently stands in the name of your mother.
Since you do not have any siblings, you will need to submit an affidavit of your family tree confirming the same. Since you are the only legal heir of your parents, this should suffice.
Since the katha has to be transferred to your name, this process at the BBMP office will cost you around Rs.30,000/- and it would take about 10 days. If you need any kind of assistance, please feel free to contact me.
probate of will is important and if the property was sold by the legal heirs without the probate and proper execution of will then the other legal heirs at any time may challenge such transfers of property.
Even though you may be the sole legal heir to succeed the property left behind by the deceased owner, you may have to prove that hence you may have to get the property transferred to your name so that you can easily sell the property to the prospective buyer.