1) you need father , mother death certificate for mutation of property in your name
Does my mother death ceritificate needed for transfering property
Hello! please see the question carefully. My father has property of 1 acre of land and the land is on the name of my father not mother. My mother has no name on it only my father has name on the certificate on the land. But recently my mother died due to heart attack. So my question is for transferring the land from my father name to my self i.e iam son i.e i need my mother death ceritificate.?
Asked 2 years ago in Property Law
Religion: Hindu
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11 Answers
No, as of now not required your mother's death certificate to transfer property title on your name from father.
1. If it were to be the joint property of your parents and if your mother died, then only the Death Certificate of your mother will be needed or in case of your father predeceasing your mother and later on your mother also dies, then only the need for death certificate arises.
2. Since your father is alive and the property is his self acquired property and he wants to gift the property to you, then there will be no need to provide your mother's death certificate for transfer of property by your father in your name.
Since the property is on your father's name and he is living, he is the only authority over the property lying on his name.
If he wants to transfer his property to your name, he need not take anyone's permission neither he should produce his wife's death certificate to transfer the property to your name.
Since your father is living there is no question of intestate succession hence you do not have to produce your mother's death certificate to any authority to get this property transferred to you from your father's name.\
Yes you will require mothers death certificate
No. It would not be required.
Dear Sir,
Since it is a self-acquired property of your father, your father can transfer the property either by making a registered family arrangement to you as per his desire. And as you have mentioned that your father is the sole rightful title owner of the property, hence the death certificate of your mother is not required for such transfer.
Thank You.
- If the said property is self acquired property of your father and in his single name then he having his right to transfer to you legally and none having right to claim and no death certificate needed
- He can transfer the property in your name after executing a registered gift deed or through a WILL .
- But if your father is not alive and died without a WILL etc, then property would be devolved upon all the legal heirs equally ,
- If you are single legal heir and no sister , then you can get the entire property in your name after mutation .
- Apply before the Registrar /Revenue officer to mutate the property in your name , after submitting death certificate of your parents .
If father is live he can transfer the property in favour of you. If both persons are no more then the property automatically transferred to their legal heirs by way of succession .Death certificate and relationship certificate is necessary.
Yes you need a death certificate of your mother as your mother was also an heir to tge property but as she is no more you have to give a proof.
Dear Querist, in relation to your query my opinion is as follows:-
1. You need to apply for a legal heir certificate from court where you have to produce your mother's death certificate as well and then you can get mutation done in your favour from Land revenue office.
2. In case you have other siblings, and you wishes to get the property transferred in your name, you need to get either relinquishment deed or gift deed in your favour, afterwards you can reach Land revenue office for the mutation part.
In case of any further query, feel free to call.
