• Land is the name of my mother and she passed away

What are he formalities to be done to transfer the same in my name.
How can I get the transfer of the the land & agreement was signed before she passed away with me. Relationship with her is as son also.
Please guide in this regards.

Regards
Asked 4 years ago in Property Law
Religion: Christian

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18 Answers

The land belonged to your mother and hence it would go to her heirs. As you are her son therefore a mutation in the land records has to be done.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You have to to gove proof of yourself as her son and other formalities. Also mutation will be done in your name.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

on mother demise your father , you and your siblings are legal heirs 

 

2) apply for and obtain legal heir certificate 

 

3) apply for mutation of land in name of legal heirs 

 

4) enclose mother death certificate 

 

5) latest receipt of payment of property taxes

 

6) if no objections are received mutation would be done in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
94781 Answers
7547 Consultations

5.0 on 5.0

If you are only son than on her intestate date, land inherited to you. Apply for legal heir certificate. Than can apply for transfer of land in revenue in record in your name (Mutation) - copy of death certificate and LHC will enclose with application.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

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. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your name. The Relinquishment Deed will involve very small stamp duty and registration fee.

Once such a Relinquishment Deed is registered, then you can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in your name.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi,

You are suggested to approach registrar office of your area (where land is situated) with the said agreement, death certificate and succession certificate of mother. The said transfer of land will be done on your name there. It is also informed that succession certificate is issued by SDM of your area.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hi

Go for getting the succession Certificate from the court.

On the basis of that sucession Certificate you can get the property transferred on your name.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Get legal heir certificate from the district magistrate office and apply for the mutation in the registrar office to get the transfer of client in your name in case there is any mode legal here then the property will be transferred only in the name of all the legal legal Heirs except when there is relinquishment from other legal hairs then only the land will be transferred in only your name

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. Submit proper application to the taluka level Revenue officer /Municipal officer, for transfer of property in your name, with the following documents:

a) Affidavit /Indemnity Bond with proper declarations

b) Death Certificate original

c) Proof Relationship: Gram Panchayat Certificate, Ration Card, Aadhar Card, PAN card, Birth Certificate etc....

d) Notarized copy of original agreement, tax receipts etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You cn get it transfered by filing her death certificate and mutiation done. You need to get succession certificate if she doesn't have will

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

See any property in name of mother shall be transferred to the legal heirs in absence of will if you are only legal heir then based on her death certificate and your affidavit you can file for mutation of the property in your favor. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your mother is reported to have died intestate, hence the properties left behind by her shall devolve upon all her legal heirs.

You being one of the legal heirs are also entitled to your rightful share in it.

 

You may obtain a legal heirship certificate from the revenue department and along with the death certificate you may submit an application for mutation of revenue records on the names of the legal heirs with the revenue department.

Subsequently you can transfer the name in the taxes also.

 

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

Yes, you may have to follow the procedures explained in my previous post for getting them transferred on the names of the legal heirs of the deceased property owner.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

You need to obtain a legal heir certificate and transfer the property in the name of either of you or if you are only legal heir.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

apply for mutation of property in your name.

enclose mother death certificate and legal heir certificate.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Upon death of your mother, your father, you alongwith your other siblings (if any) are entitled to share in the property.

Obtain Legal Heir certificate from competent court, thereafter, you can get mutation done by enclosing death certificate of your mother.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. You need to apply for khata transfer on basis of agreement you have with your mother.

2. If agreement is also signed by two witnesses then it can also be treated as Will of your mother. Then you can apply for mutation of land on your name.

3. Otherwise you will need legal heir certificate from tehsildar and consent from all legal heirs to transfer the land on your name. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Who are the surviving legal heirs of your mother?

2. If you are the only surviving legal heir of your deceased mother then simply apply for transfer of mutation in your name.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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