• Property registration

Hi ,

I want to understand the process to register property inherited from our parents. My father passed away 5 years ago and his self earned house was transferred to my mother's name. My mother passed away 6 months ago . Now,we want to register the property in our names. We are 3 children. I am told I have to advertise in the paper that we are registering the property in our names. Is this a legal requirement. Can we register without advertising . Please share the process or processes to register.
Asked 3 years ago in Property Law
Religion: Other

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7 Answers

Your  father was having sale deed in his favor.  Then, how he has transferred  in the name of your mother.   It was through Will or by gift deed?   Anyhow, in case your mother was the owner of the property  by virtue of title documents,  after her death, you are the owners of the property in equal share i.e. 1/3rd share each.  There is no need to  get any document registered in your favor.  However,  in case you want to partition the property, you can get the partition deed executed in your  favor.  Or you may gift your share to the  other co owner or relinquish in favor of other co owner as the case may be.  As such, if you want to  remain  co owners, you all three can sell the property on the basis of sale documents in favor of your parents accompanying with their death certificate.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

The properties left behind by your father shall devolve equally on all his legal heirs.

Since the properties automatically devolve on you ad your siblings there is no necessity to register the properties in your names, except that you all can change the khata to your names.

However if you still insist on registration then you can draw an amicable partition among yourselves and get the partition deed registered on your names, which shall be a registered title document on your names. . 

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You have to apply for mutation of property  in name of legal heirs 

 

2) enclose death certificate of your mother , latest receipt of payment of property taxes 

 

3) notice would be issued to legal heirs 

 

4) if no objections are received property would be mutated in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. No need to advertise in newspapers.

2. Assuming that your parents died intestate ( without executing a WILL ), then the share in the property devolves equally to all the children, both brothers and sisters.

3. Obtain a prescribed application form from the jurisdictional BBMP office for Khatha transfer of the property and fill the details required and submit the same enclosing your parents' death certificates as also Xerox copies of the notarized property documents and family tree. In about 15 days', the BBMP will issue the Khata certificate for the property in the names of 3 children. Now the transfer of your parents'property has been effected in their 3 childrens' names.

Thank you.


You can also obtain Khatha in you and your siblings' names by applying through online in the official website of BBMP OR visit any of the Bangalore One Centres and submit your documents for Khata transfer through Bangalore One.

Shashidhar S. Sastry
Advocate, Bangalore
5109 Answers
314 Consultations

5.0 on 5.0

Hi, There is no need to register it. You have to change the Katha in your names. By virtue of the succession you have become the owners of the property. The paper advertisement is not at all required.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

There is no such requirement of giving any advertisement in newspaper under any law of India. This is your ancestral property and there are three shareholders. Submitting  documents of title deeds and death certificate execute a registered partition deed among all three. That will be valid title document for all three. The original will be kept with one legal heir and signed certified copies by other two will be with other two legal heirs.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear Sir,

1) There is no need to advertise in the paper.

2) If your mother passed away without will, the property will automatically devolve to the heirs, in your case the all three siblings equally.

3) To get the property registered in your name, you can file a partition deed, with terms decided amicably between all three of you. And the deed will have to be registered.

4) In other case you can simply change the khata of the property in your names, if you don't want to divide the property through partition, documents required- 

  • Title deed.
  • Tax paid receipts and Khata details.
  • Paid up improvement charges receipt.
  • National Saving Certificates for Rs.200/-
  • Death certificate of owner (applicable incase of the death of the property owner)
  • Affidavit declaring that the applicant is legal heirs of the deceased khatedar

Thank you

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

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