• Transfer of agricultural land to legal heirs after father's death

My father and mother owned agricultural land in Gurgaon, Haryana which the Government wanted to acquire in the 80s. In the books of the Sarpanch, the land had already been transferred in HUDA's name. We had a stay order and won the case last year but my father had died before the judgement was announced. My mother, brother, sister and myself are the legal heirs and we have got a Succession Certificate from the court. I wanted to know what is the process of getting the land transferred in the names of the four legal heirs.

1. What needs to be done by the Sarpanch and do we need to get the land tranfered in the books of the registrar. 
2. Would it be better that we siblings transfer our shares to our mother. 
3. How can a property lawyer help in the transfer process and how long can this take.
4. Will any amount/stamp duty etc be payable for transferring the land to the legal heirs.

Thank you.
Asked 3 years ago in Property Law from Australia
Religion: Hindu
1) you have to make application to the authorities for mutation of land in name of the 4 legal heirs 

2) you have to enclose copy of your father death certificate , succession certificate 

3) notice will would be issued to all legal heirs . If no objection received land would be transferred in name of legal heirs 

4) don't transfer land in name of your mother recently there have been cases wherein mother on being absolute owner have favoured one son or daughter over other legal heirs 

5) once you execute relinquishment deed in favour of mother you lose your share in said land 

6) local lawyer can guide you in this regard . It should not take more than 6 months 

7) you would need to grease a few palms to expedite the whole process 
Ajay Sethi
Advocate, Mumbai
45562 Answers
2677 Consultations

5.0 on 5.0

1. Succession Certificate was not required to transfer the land.

2. All that you need to do is apply for mutation in the office of tehsildar. The death certificate of your father, the birth certificates of all his children and the copy of the title deed would have to be annexed.

3. You and your siblings are at liberty to transfer your ownership to your mother through a relinquishment deed. There is no advantage or disadvantage which would accrue to you and your siblings from the transfer. Your mother will be the beneficiary.

4. You can engage a lawyer to execute the relinquishment deed if you wish to transfer the ownership to your mother.

5. If I can recollect, there is no stamp duty in Haryana on a relinquishment deed executed in favour of a blood relative, but a local lawyer would be able to throw more light on this.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, you have to transfer the property name from HUDA to all the legal heirs of your father.

2. You are not liable to pay any stamp duty as per court order you have to transfer the property in your name.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

On the basis of the succession certificate you can  apply for mutation of revenue records with the jurisdictional Tehsildar office, get the property mutated on all four heirs name.
Now rest of the heirs can execute a registered release deed relinquishing their rights in the property in favor of their mother subsequent to which the property can be registered on the mother's name.  For this the stamp duty  will be very minimal. The details of stamp duty can be enquired from local registrar's office. 
T Kalaiselvan
Advocate, Vellore
35711 Answers
387 Consultations

5.0 on 5.0

1. You shall have to execute and register a Partition Deed duly partitioning and demarcating the partitioned portions  by metes and bounds. After that apply before the Sarpanch for recording the names of all of you in the book of record of rights,

2. This is a different question altogether. If you wish you can execute and register a settlement deed conveying your share of the property in the name of your mother or can retain the same in your name depending on your decision,

3. The lawyer will draft a partition deed as per your instruction and get it registered. after that application can be filed by you as advised above before the Sarpanch bto mutate the names in favour of all of you,

4.Yes, requied stamp duty and registration fee shall have to be paid while registering the partition deed.
Krishna Kishore Ganguly
Advocate, Kolkata
18498 Answers
448 Consultations

5.0 on 5.0

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