Inheritance of immovable property
1 My mother passed away in May this year.
2 She has two acres of land in her name in Punjab, Dist Mohali. My father and my sister are not interested in this land and want it to be transferred to my name. There are no other Class A relatives.
3 What is the procedure for transfer of this land--
(a) If there is a will
(b) If there is no will.
4 Also, since it is prime agricultural land , what would be the duties / stamp fees/ Court fees to get the transfer done---fairly substantial I would presume.
Thanking you ,
Asked in Property Law from CHANDIGARH, Chandigarh
1) on your mother demise intestate you would have one third share in said land
2) your father and sister can execute gift deed or relinquishment in your favour .
3) gift deed/ relinquishment deed in favour of close family relatives attracts nominal stamp duty
4) apply for mutation of land in your favour . enclose mother death certificate , gift deed executed by your father and sister
5) if your mother had executed will in your favour apply for mutation and enclose will made by your mother . notice would be issued to your father and sister . if no objection received land would be mutated in your name
1. Regardless of whether there is a will or no will your father and sister can execute a relinquishment deed or family settlement in your favour to transfer their share to you, thereby making you the owner of the entire property.
2. The stamp duty should be 13% as it is in Punjab, but a ready reckoner should be consulted.
1. If there is Will or not the reluctant heirs may transfer their due share in your favour by way of deed of gift or deed of relinquishment.
2. Stamp duties differs from state to stae and hence only a local lawyer can help you on this,
If the property stood on your mother's name and she died intestate then the property will devolve equally on all her legal heirs.
The legal heirs being yourself, your sister and your father.
If your father and sister are not interested in inheriting their respective share in the property, they both can jointly execute a registered release deed relinquishing their rights in your favor after which you can apply for mutation of revenue record in your name.
The stamp duty and the registration charges varies from one state to another hence it may be enquired from local sources.