Hi, My father got expired in 2017 without any will. We have a property in Delhi which we would need to sell and reinvest in Gurgaon. The legal heirs of the property are my Mother, sister (staying out of country post marriage) and son (myself). The property is in the name of my Father. What should be process of getting the property in name of my mother in case that my sister cannot come from France to appear anywhere although she does not have any concern with the above mentioned rename and selling of house. Thanks
Firstly, all the legal heirs of your father would need to obtain letters of administration from testamentary court.
After that, all the children can execute gift or relinquishment deed in favour of your mother to make of her sole owner of the property, which needs to be mandatorily registered after payment of stamp duty.
Your sister can also execute a power of attorney, duly apostilled in favour of any one to do the transfer on her transfer and she would not have to visit India.
Your sister can execute specific power of attorney in name of mother for carrying out mutation of property and for selling the property
2) specific POA should be attested before Indian consulate
3) apply for mutation of property in name of legal heirs
4) enclose father death certificate
5) latest receipt of payment of property taxes
6) if no objections are received mutation woukd be done in name of legal heirs
To make mother absolute owner, both have to execute release deed. She can send POA in your name to execute release deed on her behalf.
And though same POA , can sell the property.
POA can execute in mother name also.
After the death of your father, you, your sister and mother are co-owners in equal share i.e. 1/3 rd share each. In case you want to transfer the property in the name of your mother, you and your sister can relinquish your 1/3 rd share each i.e. 2/3rd share in favor of your mother by executing a Relinquishment Deed. Since your sister is living in Franch, she can send you power of attorney from Franch (which will be stamped as Delhi Stamp Act and verified from concerned SDM, Delhi) in your favor and you as self and on behalf of your sister can execute RD in favour of your mother. In this way, your mother would become the owner of the property by virtue of Sale Deed in favour of your father read with RD.
The other legal heirs can gift or relinquish their share through registered deed in name of your mother
You have to enter all legal heirs name on the property and later ask your sister to sign relinquish deed in spl POA in front of Indian Embassy and send it to Indian in this way you can fully get property on your mother's name.
Or if you really feel that she is never ever going to come in India than in the application of legal heirs write your and your mother's name on your risk.
See firstly to sale the flat a power of attorney from sister is required as she has share in the property.
You can file an application for mutation of property in name of legal heirs that is your mother , you and sister. After mutation you can sale the property , you your mother and sister need to sign sale deed. For your sister her power of attorney holder can sign and register the sale deed.
You sister needs to relinquish her share in this property in the favour of your mother; so is needed to be done by you, so that this property ay be transferred exclusively in the name of your brother.
She may sign a power of attorney and get it attested at the Indian Commission/Embassy and send it to you herein India, authorising you to execute and register a relinquishment deed in favour of your mother on her behalf.
- As per law, after the death of your father ,who died without creating any WILL, his property will be distributed amongst his legal heirs equally , ie. you, your mother, and sister.
- Since, now you want to transfer the said property in favour of your mother, then you and your sister will have to release respective 1/3rd share to the mother.
- Your sister should exeucute POA in favour of you , if you are living in India , for the purpose of releasing her share in favour of mother.
- She should stamped the said POA from the Notary Public /authtorised person in France for the same, and also can verified from the Indian consulate in France.
- Hence, after receiving the said POA from your sister , you will have the power to transfer her share as well your share in favour of your mother , after executing Relinquishment Deed /Release Deed.
Good luck and dont forget to rating Positively.
Dear Concern,
Please note -
01. You need to prepare a family tree representing as to who all are the legal heirs of the property left by your father.
02. Then you and your sister has to give their No Objection Certificate (NOC) on an affidavit duly registered in India in your case and in France in the case of your sister stating that you both have no objection if this property gets transferred on the name of your mother.
03. Then your sister also have to give authorisation letter in favour of her counsel stating that since cannot remain present on her own so she is being represented by her counsel. Please note that you and your mother cannot represent your sister in this case she has to be represented by her counsel only or else she has to come down to India on the date of this transfer.
04. Then once the property is sold off the entire sum will come in the Bank account of your mother. She is entitled to one/fifth of the entire sum and the remaining sum will be distributed in among you both. For e.g. if the deal is of 01 Lakh rupees then 20 thousand will go your mother and 40 each to yourself and your sister. Once your mother has left for her heavenly abode then the remaining 20 will be divided in among you both provided that is still with her and she has not spent that to survive in this world.
05. The entire procedure has to happen before the concerned SDM Court of Delhi where the property lies.
As your father died intestate, all three of you are entitled to equal share in the property left by him.
If your sister is not interested in claiming share, obtain no objection / declaration from her mentioning that she is not interested in her share or execute a family settlement deed and obtain her signatures on her or
You can proceed with sale of the same after making her consenting party to the same i.e., all three of you execute the sale deed.
You will need legal heir certificate from tehsildar of your residence area.
Then you need POA from your sister if she can't come to India for reliquising her rights from the property in favour of your mother.
You have to make relinquishment deed in favor of your mother.
Along with death certificate of your father
with all the above documents you can transfer the property to name of your mother from tehsil of gurgoan.
the person who dies without leaving a will is called an ‘intestate’. In legal terms, the son, daughter, wife are all called Class-I heirs and the property would be shared equally among them.Your sister can execute power of attorney in favour of your mother for mutation of property and for selling the property.
1. If you and your sister wish to only authorise your mother to sell the property for and on your behalf and not make her the absolute owner thereof, you may simply execute a Special Power of Attorney in her favour. Since your sister is outside India she will have to get the SPA attested before Indian Consulate there.
2. Whereas if you and your sister wish to make your mother the absolute owner of property then both of you will have to execute a release deed in her favour which has to be registered.
Hello,
She will have to make an affidavit and send it to you in India.
A suit for succession will have to be filed and thereupon the mother can sell the property.
Regards
Dear sir,
Let us go chronologically to your query.
Since your father has died intestate the property will divide at 1/3rd share each of the property through intestate succession.
Now you want that the name of the property should be transferred in the name of your mother.
The process is that you will be needing a succession heir certificate wherein your mother, sister and you will be registered as a legal heir and apart from that a special power of attorney will be required from your sister where the agent will be appointed on her behalf.
Further, you want to transfer your share in the name of your mother, so you will be required to get a relinquishment deed in her favor signed by you and your sister.
then the property can be transferred in your mother's name.
I hope that solves your query. You can contact me for consultation and drafting, execution of the documents abovementioned.
Regards,
YUGANSHU SHARMA
ADVOCATE
You and your sister both have to relinquish your rights in the property and execute a registered release deed in your mother's favor.
Your sister can execute a power of attorney deed in your favor by which you can execute a registered release deed in your mother's favor, after which she will become an absolute owner of the property.
