Legal heirship certificate and transfer of title of house
I have a house in Kalpathy Village,Palakkad.The house is in my father's name.My father expired in 1989 and my mother in 1995.I have the death certificates of both of them.Though I visit Palakkad and stay in my Kalpathi house since 1989,I have not transferred the house in my name till date,as I wanted to keep the house in my father's name. I have paid the Property tax regularly. Now,as I am getting old,I want to transfer the name of the house in my name,so that my children can transfer the name to their name,later on,without difficulty. Can I send the documents directly to the Tahsildar office in Palakkad.What is the fees for such transfer application and is there any other payment to be made to he Municipality ?
Asked 2 years ago in Property Law from Mumbai, Maharashtra
You can apply in Form –I affixing Court fee stamps omhis/her native Tahasil.
The documents need for the same along with the application are Death certificate of the deceased person,Affidavit. Copy of Ration Card. Copy of Voter ID Card and Copy of R.O.R. (if any stands in the name of the deceased person).
After that an enquiry about the same will conducted and based on the report of the Village Administrative Officer and Revenue Inspector and after due enquiry, this certificate will be issued by the Tahsildar mentioning the names of all legal heirs of the deceased.
The house was as mentioned by you in the name of your father only. You'll have to file for heirship Certificate in the district court where the property is situated. For this you need your father's death certificate and copy of registered sale deed. You have not mentioned about siblings, the heirship certificate has to be applied by all the siblings and the Court will transfer the property in the name of all the legal heirs (in case of death of any one sibling, children of such sibling is the legal heir). Also you'll have to publish a Public Notice in this regard in the local newspaper.
Contact a local lawyer for this purpose. Do not give or submit original property documents or death certificate to anyone.
1. This job is to be done manually with physical submission of death certificates and your relationship proof with them. Sending papers will not do.
2. If you can not go personally you can execute a POA in favour of another to do this job on your behalf.
3. The Municipality charges a fees for this which is nominal. But you may have to fork out a lot to grease the palm of officials to do this job.
What about the other legal heirs to your parents?, Are there anyone of you are the only child to your parents?
If you are the only issue to your parents, then you may have to execute a gift deed only in favor of your children or through settlement deed or can execute a registered will showing some extra curricular activities of your child who may get the benefits.
No need to send the papers to Municipality or astrologer or some local quakes/
1. You should apply for mutation of the house in your favour if you are the only heir to your father.
2. Sending documents directly to tehsildar will not suffice as your personal attendance will be required, Alternatively, you can avail the services of an agent to do this.
3. The amount of fee can be known by making a visit to the office of tehsildar as this is not uniform throughout India.
4. No other payment is to be made to municipality.
you should apply for mutation in the Village office an follow the procedure.
There is a prescribed application form for it and a fee pay it and attach the documents needed.
death certificates of your parents,
ration card showing the family of your father that is his wife and children,legal heir certificate if you have got already, your identity proof etc, wit tax paid receipts, and land document copy
if legal heir certificate needed it has to be obtained from the tahsildar office, by showing the death certifacte and ration card and your details.
1. Are you the only legal heir of your parent's properties?
2. If yes, collect legal heir certificate by submitting the death certificates of your parents and the family btree before the local Tehshilder,
3. After collecting the legal heir certificate apply before the land revenue department and also the Municipality/Panchayat to mutate your name in the record of rights.
It is quite possible that the Municipal or Tahsildar,s office will find some loop holes to delay the work,unless the palm is greased.
1) Will it be correct to go in for a Public Notice inviting any claimants to the property to contact me or the lawyer with 30 days of advertisement n newspapers,before I approach the munipal or the Tahsildar's office ?
2) Along with the documents ,can I also attach an indemnity bond to the Municipality ? Will this help to get the work done without delay ?
Asked 2 years ago
1) no need for public notice at this stage
2)you can furnish indemnity bond if sought by the teasildar office
All the government revenue departments are almost corrupt and they do their duties only if they are separately being considered, so if you have to get your job done without much hassle, think and do wisely as per the circumstance.
dont try to over act with irrelevant things which will sabotage all your efforts and you may have to pay very dearly for the losses that you may incur after that.
1. There is no reason for you to publish any thing for public knowledge in News papers in connection with the property you have inherited from your father. This has no consequence with your purpose,
2. There in no need for any indemnity bond for getting your name mutated,
3.Just file the application as advised in my earlier post at the earliest,
4. With little follow up, you are expected t get your name mutated in the record.
1. The babus in India are universally known to be corrupt. So the answer to your question is Yes. However, instead of greasing the palm you can move the High Court for executing the work.
2. A public notice can be issued but it will not create or extinguish any legal rights.
3. The indemnity bond in favour of municipality will serve no purpose. It will not be accepted.