See since the wife and son are legal heirs of brother in that case letter of administration from court can be obtained and the property can be mutated in there favor in revenue records.
My brother who owns an independent house (land with building) in hyderabad died in an accident. He has not prepared any will. He is survived by his wife and son. what documents are required and what is the procedure to get the property transferred to either his wife or son. will the procedure also involve paying stamp duty and registration charges.
See since the wife and son are legal heirs of brother in that case letter of administration from court can be obtained and the property can be mutated in there favor in revenue records.
No stamp duty and registration charges.
Do your mother alive if she than deceased brother proprieties will inherit in 3 equally. If moth not alive, than wife and son will jointly own every thing.
Apply for legal heir certificate. It will prove who are legal heirs of deceased brother than application will file in municipal office for mutation of name. LHC and death certificate will enclose with it. No fees payable.
on demise of brother his property would devolve on your mother his widow and son equally
2) legal heirs can apply for letters of administration
3) enclose death certificate of deceased husband
4) details of property . pay court fees
5) LA takes around 6 months
6) then apply for mutation of property in name of legal heirs
OPTION-1:
1. Submit proper Application to the local Revenue /Municipal authorities for transfer /mutation of deceased property in joint names of Wife & Son, supported with following documents:
a) Death Certificate,
b) Affidavit cum Indemnity Bond
c) Proof relationship with Deceased
OPTION-2:
2. Obtain Succession certificate from the local Civil Court, for the property of the Deceased.
OPTION-3:
3. Obtain "Letter of Administration (LA)" from the state High Court, for the property of the Deceased.
Dear sir/madam,
On production of death certificate along with family genealogy it can be transferred either in the name of his wife or in the joint names of wife and her child.
Obtain legal heir certificate and get mutation of the property in your name.
No further deed is required . No stamp duty no registration is required.
It is not clear whether the mother of the husband is still alive or not . if yes then the property is liable for division among 3 legal heirs . Otherwise it is 2 shares.
On death of the owner his legal heirs automatically becomes the co sharer by operation of law of inheritance for which no separate proceeding is required.
However for the purpose of payment of tax in respect of the immovable property the legal heirs can mutate their name in the revenue records of the State or the Municipal authority , as the case may be.
Both of mother and son name can be registered on the property and no need pay stamp duty and registration charges for inheriting the property.
Dear Sir,
Well, if there is no Will then the widow, son, and daughter get an equal share in all the deceased husbands property. To transfer it, you will have to get a succession certificate (for moveable property) and a letter of administration (for Immoveable property). While doing so, get the son and daughter to give no objections in court that they have no objection if all the property is transferred to the widow. Once all the property is transferred, then the widow may gift it to whomsoever she chooses,
According to the Hindu law if there is a will of deceased husband, property will distribute accordingly to the will. But if there is not a will then according to Hindu Law, both widow and Son have right to get property according to Hindu Law. ...
The property left behind by your brother upon his intestate death shall devolve equally upon his legal heirs consisting his wife, children and mother (if living).
She can apply for mutation of revenue records and name transfer in the names of her and her son with the concerned competent authorities by producing the death certificate, legal heirship certificate and an application requesting this transfer.
No stamp duty is payable for this and no registration is also required for this kind of transfer.
- Under Hindu Law, the wife has a right to inherit the property of her husband only after his death if he dies intestate.
- Hindu Succession Act, describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.
- Since, your brother died without leaving any WILL , then his property will devolve equally upon his legal heirs i.e. son , wife, and mother (if alive).
- No , registeration of any documents & payment of stamp duty required.
- Widow should firstly apply for getting legal heirship certificate , and further apply for Mutation in the revenue records in the name of her and the son .
- Further, if the son is major , then he can relinquish his share in the name of mother , or similarly Son can do the same , if he wanted to transfer his share in the name of his mother.
Only Succession certificate is valid and you need to get the same from court. It will incur you court fees and lawyer charges
1. His Class 1 heirs are his mother, widow and son, each one of whom has succeeded intestate to his property equally.
2. If mother is not alive then legal heirs are widow and son.
3. The class 1 heirs should apply for transfer of mutation of inheritance in revenue records.
Hi
1) You will require the death certificate of your brother , marriage certificate (between your brother and his wife) and the birth certificate of the son(With parents name on it).
2) Based on the above, the Mandal Revenue officer will issue a family member certificate and along with the family member certificate you can get the property transferred in the name of wife & minor son or Minor son only (With mother as a guardian).
3) Please note that the minor son should either be the joint owner or the sole owner and you cannot transfer the property in the name of wife only.
4a) Stamp duty @1% of fair market value as per sub registrar office records.
4b) Registration fees: 0.5% of fair market value subject to Maximum of Rs10000
Hope this information is useful
On demise of your brother his heirs are his mother, widow and children, each one of whom succeeds equally to the property. If heirs wish to transfer there shares to one heirs then all heirs may execute a release deed in her favour.
They have to obtain legal heir certificate from tehsildar for transfer of share for that they have to submit application with names of legal heirs and death certificate of your brother.
And after obtaining legal heir certificate they can apply for mutation of property on their name in records.
They don't have to pay fresh stamp duty for registration of property on their name.