My father passed away in Goa in 2011. We are 3 siblings, born and brought up in Goa.
He had a NA land in Karnataka and did not execute a will.
My mother, sister and brother are ok to transfer the property in my name.
When I contact my lawyers for deed of succession, they are saying the property is in Karnataka so cannot include that property.
When I contact the lawyers in Karnataka, they say the death happened in Goa, so they cant help.
Can I please know what the exact process is and how can I transfer the property.
Asked 1 year ago in Property Law from Australia
Hi, Ask your brother and sister to execute release deed in favour of you bases on that you can transfer the property in your name.
First you have take a relationship certificate from Goa . It is better to register a settlement deed at sub regsitrar office at Karnataka in favour of you executed by mother and sis,mother and brother. No need of succession certificate for registration,Relation certificate from local village office and death certificate is enough for that.
1)you can rely upon father death certificate issued in goa and make application for mutation of property in your name in karnataka where land is situated
2)your mother and your siblings can execute relinquishment deed or gift deed in your favour .. have it duly stamped and regd
3)after issue of notice mutation of property would be done in your name .
The succession certificate is applied in the court having jurisdiction where , in your case it is in goa.
"either Ordinary residence of the deceased, at the time of death, or the property of the deceased should be within the limits of the Jurisdiction of the Court concerned;
In your case Since your dad was living in Goa and died , you can apply it in Goa, the details of all the assets and properties in Karnataka , any other assets Goa, bank balance etc can be included.
1) You need to first of all obtain your father's death certificate and then approach the Court in Karnataka having jurisdiction to issue you a succession certificate. Succession certificate has to be issued by the court in whose jurisdiction the property lies.
2) At the time of transfer let the mother, sister and brother be confirming parties.
The deed of succession or a succession certificate to the estate of your late father can be applied in Karnataka where the property is situated as the courts will have territorial jurisdiction to adjudicate the case in karnataka, the place where the property is situated.
Contact a thorough and professional advocate who knows these issues and seek proper advice to proceed further in this case.
Hi sir/madam, you don't worry about the matter. U can get succession certificate (survivorship certificate) from the concerned revenue authority. If your mother, sister and brother to transfer the property in your name, you have to take release deed from them to release their rights through release deed in your favor. You can get the death certificate and with support of release deed, succession certificate (survivorship certificate) you can apply for khata transfer in your name. It can be easily be done. It is the exact process.
1.For immoveable properties, you require legal heir certificate from the counselor of the area where the property is located,
2. In the instant case you can collect the legal heir certificate from your councelor of goa which can be submitted before the counselor of Karnataka to get his certificate also with which you can execute and register the settlement deed in your favour.
Since your father belonged to Goa and breathed his last inGoa, you should be in possession of the death certificate issued by Goa administration. On that basis, first obtain a legal heirship certificate or atleast a family tree or genealogical certificate duly attested by the officers of the revenue department of the jurisdiction where in the death of your father took place. Possess the identity proofs of your deceased father as well as of other legal heirs of your father, draft and execute a registered release deed by other legal heirs in your favor relinquishing their rights in the property and you get the property transferred on your name after applying for mutation of revenue records of the same with the help of this registered release deed, or else your mother and other siblings may execute a registered gift deed in your favor in respect of their shares in the intestate property.
The lawyers who told you that it is not possible are not correct, legally you can adopt the above procedure.
1. This is strange. The only document which is required to be executed is either a deed of relinquishment or family settlement in your favour, which can be drafted by an Indian lawyer from any part of India.
2. The deed should be registered in Karnataka i.e where your father breathed his last.