My father passed away recently. I have elder sisters and I am the youngest (son). My mother, me , my wife and children are staying in the house that is in my fathers name at Hyderabad. The property was purchased in 2003 and I have spent a good amount constructing first and second floors.My sisters and mother have no objection in transferring the property to my name. My father worked in a private firm. Do I need a legal heir certificate or succession certificate? what other documents are required? Please advice
Your mother and sisters should execute gift deed or relinquishment deed for their share in property
2) it should be duly stamped and registered
3) succession certificate is only for movable debts and securities
4) you can obtain letters of administration from district court in your name . Enclose consent affidavit of mother and siblings
1. Assuming that your father died intestate ( without executing a WILL ), then the share in the property devolves equally to his Class-1 legal heirs.
2. In the instant case, the share in the property gets devolved equally to your mother, your sisters and you.
3. Since your mother and sisters have recognised your efforts in constructing first and second floors and are ready to give up their individual share in your favour, your mother and sisters have to execute a registered Release/Relinquishment Deed in your favour in the jurisdictional Sub Registrar's Office to make you sole owner of the property.
4. You have to produce your father's death certificate, family tree, property documents, tax paid certificate, patta of the land, etc.
You have to obtain a legal heirship certificate from the Tehsildar's office and then get a registered released deed executed by your mother and your sister relinquishing their rights in the property in your favor.
You may have to be in possession of the original title documents ad the death certificate of yor father besides the legal heirship certificate.
You need NOC from mother and sister that they have no objection if giving you their property rights.
1. IF Property Records stand in name of Father, THEN irrespective of you financing the House Construction expenses, ALL the Legal Heirs are entitled to EQUAL share in Father's property.
2. IF all Legal Heirs are amenable to each other, THEN a registered "Release Deed" may be executed in your sole favor, by mutual consent signatures of all the said legal heirs.
3. Legal Heir Certificate or Succession Certificate is applicable ONLY for "Movable" properties. For "Immovable" properties, a Probate or Letter of Administration would be required from the local Civil /High Court.
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If you have a will you will not require the same. In absence you may require legal heir certificate or succession certificate
If your father has left without a Will, your mother, your sisters and you shall inherit his estate equally. All the others have to jointly execute and register deed of relinquishment in your favour, forgoing their respective shares.
Dear Client,
If there is no will or testament then you will have to obtain the settlement deed/ gift deed/ relinquishment deed from other legal heirs and produce it in front of the SRO for property transfer. The appropriate succession laws may also apply in this case. You will have to produce the proof of succession and NOC from other legal heirs. Therefore, legal documents required are:-
1. Certified copy of death certificate of the father
2. Succession Certificate
3. No-obligation certificate from the other successors/heirs along with the affidavit
4. Lineage list certificate
5. Relinquishment deed
Thank you
- As per law, after the demise of your father , his property would be devolved upon all the legal heirs i.e. mother , you and sisters.
- Further, as per Christian law, one-third of the property shall go to the widow and two-thirds to be distributed among other legal heirs
- Further, as your sisters and mother is ready to release their respective share in your name , then they should execute a registered Relinquishment deed in your favor for making you the single owner of the property.
- Further, after getting the said deed, you can apply for mutation of the property in your name.
Dear Querist
As both of them (Your sister and Mother) have no objection then execute a relinquishment Deed and register the same before the sub-registrar office of your area where the property is situated.
after that, you may file an application for mutation in the property before the concerned authority based on that relinquishment Deed and death certificate of your father.
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1. You shall have to get a Release Deed registered by your sisters and mother releasing their share of your father's property in your favour.
2. Thereafter you shall legally become title holder of the entire property of your father.
