If there is no will and the property is not ancestral she can execute a will or gift deed in your favour
Joint ownership and single child
My parents have joint ownership of two houses in UP. My father died in 2018. i am an only child and the only heir. My father did not make a will. what steps do we take in order to ensure the following? We want to keep House A. My father and mother jointly owned the house. my mother wants to know what should be done legally to ensure that it comes to me. Will there be any issues later in transfering it to my name. Will her making a will help? We want to sell House B. My father and mother jointly owned the house. What is the procedure for selling it now that my father is no longer there. Will this create a problem in selling it. How much of any legal steps that you suggest can be done online as my mother is elderly and I cannot take a chance with her health in the present Covid-19 scenario. My father did not write a will. I have two adult daughters. Does that have any bearing? Kindly advise.
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
1. Since in the house A , both you (1/3) and your mother (2/3) have share each, to make you its absolute owner your mother needs to make a gift deed or Will .
2 Your share in the house B is same as before and there is no problem in selling the house if both you and your mother jointly sign as a vendor in the sale deed .
3. if you are the only child of your parents then on death if your mother you would eventually become the sole owner of all the properties and hence there is no need to make these arrangements to transfer her share in your name.
Assume you are not minor.
You and your mother both need to sign the sale deed for selling any house.
In case of minor court permission shall be obtained before selling.
So as to transfer to you, your mother can make a will or gift her share to you or relinquish her share in your favour.
Both gift and relinquishment deed need to be registered. Will does not require any registration.
Hi
Your mother is now the owner of whole property.
Also can you clarify hiw much share your father owned?
....
Get the full ownership transferred to your mother's name by presenting the death certificate of your father.
She will get all and then you will get all.. do not worry
1. Since your parents are the joint owners the share of your father in both houses has devolved on you and your mother after the demise of your father.
2. Your mother can make a will in respect of her share in the house A if you want to keep this house and ensure that you become the absolute owner of it after her lifetime.
3. Your mother and you can jointly execute the sale deed in favour of prospective buyer.
4. Your heirs have no share in your share during your lifetime.
1. Father's share in House "A" can be legally transferred in your name by executing a "Release Deed", mutually and jointly signed by Mother & Son. Stamp Duty: 500/- Registration: 1000/- (Check with local registration Agent).
2. House "B" can be legally SOLD by executing a "Sale Deed", mutually and jointly signed by Mother & Son as "Consenting & Confirming Parties", with strategic clauses supported by Affidavit & Indemnity Bond. No other paper work or documentations required.
3. Online procedures for above is not available. Your daughter's have no right over their Grand Parents properties, in any manner, because there is no WILL, in their favor.
Apply for mutation of first house in your name and mother
on father demise mother would have 75 percent share in property
3) enclose father death certificate
4) latest receipt of payment of property taxes
5) similarly for 2 nd house mutation should be done in your name and mother name
6) then you can sell the house
7) your daughters have no share in property
8) your mother can execute will for her 75 per cent share in the properties
after death of your father mother becomes the absolute owner of the property. The property which needs to be sold you can reliquish your right by relinquish deed but be sure that then you are not entitled of the sale amount legally unless your mother wants to give sale proceeds to you.money of the sale proceeds to you.
The other house which you dont want to sell you are the legal heir and legally you need not do anything for it to come to you.
These properties are jointly owned by your mother and your deceased father.
Upon your father's intestate death, his share in the property shall devolve equally on his legal heirs consisting you and your mother.
Therefore your mother shall be entitled to 3/4th share in the properties.
In the property A, your mother can write a Will bequeathing her 3/4th share in your favor which shall be enforceable after her lifetime.
The property B can be sold by both of you jointly without any problem since you both are the joint owners of the said property.
On father intestate demise, his 50% ownership inherited in you and mother equally. At present you hold 25% and mother 75% title. And on mother intestate demise, her 75% ownership will inherit in you.
To sell B - you and mother will act jointly as seller. No other special procedure will follow. You mother can give you POA to act on her behalf.
Grand children have no claim at present but great grand child will have. So tell mother to execute WILL in your favor of her 75% share in property A.
Will is effective after death.
A declaratory suit must be filed in the district court by you and the court shall issue notice to your mother. She will file a no objection and the property would be declared to be yours.
2 declaratory suit ls have to bw filed.
After this you can sell the property and the 1st one would be in your name.
1. See from father's share mother and you have equal share for mothers share she can make a will.
2. No you can mutate your name along your mother in the record and then you and your mother can jointly sale the house B. You will have 1/4 and mother shall have 3/4 share in same.
3. See you can engage an advocate for mutation and can sign document at your place or at his office personal presence for sale is required not for mutation.
If he died intestate on his death your mother and all children have equal share in father's joint share.
Your mother cannot sell said without obtaining consent of other legal heirs.
Once property mutated and registered on your mother name then she can sell.
1. First of all get a legal Heir Certificate of your father from tehsildar of the division where your father was residing before his death.
2. Then you Should apply for mutation of properties(Share of father) on name of legal heirs that is you and your mother.
3. After mutation of properties you both can sell the House B and you don't need consent from your Daughters for selling the house.
4. For house A your mother can write a will for transferring her share in the house to you after her death.
