Hello Everyone, My mother recently died without WILL survived by me (Only child) and my father.My mother was the sole owner of the house.My question is: 1) I want to sell the property do i have to transfer the ownership to my father by giving NOC from my side e.g i have no interest in the property and father can sold this property? If yes what is the procedure and how much time it will take.Property is in delhi. Their is no dispute as im the only child Thanks
1) you are one of the legal heirs to the property . you can execute gift deed / relinquishment deed in favour of your father . then property can be transferred in name of your father .
2) gift deed/ relinquishment deed has to be duly stamped and regd
3) there are number of lawyers on this website from Delhi . contact any of them
In absence of will, you have obtain succession certificate from court in favour of all legal heirs, which in your case are you and your father. Now, you can relinquish your rights by making an affidavit in favour of your father if you do not want any share in you mother's property.
It might take 4-6 months in the court.
execute relinquishment deed in favour of your father . then property can be transferred in name of your father after that you can sell it
Thanks all, How much time and cost will it take to execute relinquishment deed in delhi?
1) one week only.
2) relinquishment deed executed in favour of family members attracts nominal
stamp duty
3) lawyer fees for drafting relinquishment deed varies
Thanks again, Do i need to get legal heir certificate also along with the relinquishment deed to sell the property?
thanks for your appreciation . advisable to obtain letters of adminstration from court as your mother died intestate .
you will have to obtain letter of administration from the court of your jurisdiction ,it will take atleast 12 months to get it from the court,fees varies from advocate to advocate
Thanks again As i have to sell this property ASAP what will be best way to follow? as said im the only child so we are two heirs (me and my father) and no dispute
1. If you want to sell the property of your mother you can do it yourself and give the sale proceed to your father if you are not interested in it,
2. This is the simplest way.
buyer who is purchasing the property would like to safeguard his interests .
he may need bank loan for purchase of property . inorder to avoid future legal problems he may insist on letters of administration based on legal advice . hence obtain LA from court