• Rights on father's self earned property

Hello Sir/Madam,

We have house in Madurai.it is my Father's self-earned property.I am the youngest Son and i have 2 elder sisters(Both Married).My parents wanted to give this property to me as I was taking care of them but unexpectedly my father died.So i am taking care of my mother and I am married now.My mother also wanted to give this property to me.Question 
1) I want to know what is the option is available to claim this property for me. 
2) As per the property law what is the right on each Heirs(My mom,Son,sister1,sister2).
3.If sisters have equal rights what are the documents required to get my sisters 'No Objection' to avoid any issue if i rebuild my father's house or sell it
4.Is it really required to get legal heir certificate for all 4 of us ? or Can i get only in my name to make the document process simple.Anyway i will settle some amount for my sisters and taking care of my mother. 


Thanks in Advance for your reply
Asked 8 months ago in Property Law from United States
Religion: Hindu
1) on your father demise you have one fourth share in property 

2) all legal heirs have equal share in property 

3) sisters can excute gift deed or relinquishment deed for  their share in property 

4) since father died intestate you can obtain letters of administration in your name 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1. The property is equally owned by all the four legal heirs of your father. You can get relinquishment/settlement  deed executed and registered by all other legal heirs in your favour to enable you to own the property solely,

2. All the legal heirs have equal share of your deceased father's property who dies intestate,

3. You are required to get relinquishment/settlement deed executed and registered in your favour to own te property for selling it,

4. Legal heir certificate will show the names of all the four legal heirs and not only your name.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The widow and children of your father have succeeded equally to the property as he passed away intestate. The share of each heir including your sisters is equal i.e 1/4th. If your sisters are to give their share to you then a relinquishment deed is required to be executed by them. The deed has to be registered by them in the office of sub-registrar. A GPA can be executed by them to authorize you to rebuild the house.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
As per Hindu Succession Act, all legal heirs of your father who died intestate, ie you, your mother and both sisters have equal share in the estate of your deceased father. If your sisters and mother want to give their share to you they can do so by registered relinquishment deeds. There is a nominal stamp duty and registration fee payable on RDs. On the strength of relinquishment deeds you can get the property transferred in your name 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
1. To claim this property exclusively by you, the other legal heirs, I.e., your mother and 2 sisters may either execute release Deed or gift deed in your favour, since the property is your father's self acquired property and has died intestate and   your mother and 2 sisters are entitled to equal share as that of yours.
2.Since your sisters are settled abroad, they can give Power of attorney to somebody in India, including your mother or you to execute either Release Deed or Gift Deed on their behalf.
3. The Release Deed or Gift Deed has to be on stamp paper.
4. Stamp duty varies from State to State and has to be found out from a local person.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) gift deed has to be duly stamped and registered 

2) stamp duty is state subject and varies from state to state 

3) your lawyer will draft the gift deed . 

4) it is better your sister comes down to India for execution of gift deed 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
my opinion on your queries are as under:

1) I want to know what is the option is available to claim this property for me. 
Opinion: being the son you and your mother(being the widow of deceased) you both may claim the property shares if your father died before 2005 but if your father died after 2005 then the sisiters will also be share holder in the property as per Hindu Succession act.
2) As per the property law what is the right on each Heirs(My mom,Son,sister1,sister2).
Opinion; As above.

3.If sisters have equal rights what are the documents required to get my sisters 'No Objection' to avoid any issue if i rebuild my father's house or sell it
Opinion: if father died after 2005 then sisters will also be legal heir and can claim shares, if sisiters are ready to left their shares then execute a Relinquishment Deed from them in your favour and after registration of this Deed they can not claim any share from the property by any means in future even their legal heirs will also not entitle to get any share in those property.

4.Is it really required to get legal heir certificate for all 4 of us ? or Can i get only in my name to make the document process simple.Anyway i will settle some amount for my sisters and taking care of my mother. 
Opinion: you can get legal heir certificate for your self only with the no objection certificate from others or execute a Special Power of attorney in your favour.

feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
all legal have shares in your father's self acquired property. If you want to become sole owner of his property you have to get relinquishment deed or NOC from your sisters and mother. If they relinquished their right in your favour you will be the sole owner of this property. 
Shivendra Pratap Singh
Advocate, Lucknow
2767 Answers
41 Consultations
4.9 on 5.0
they can issue such deed/ NOC and get its registration before Indian consulate after paying requisite fee. Document attested before Indian consulate is legally valid in India and it is admitted by the court in India.
Shivendra Pratap Singh
Advocate, Lucknow
2767 Answers
41 Consultations
4.9 on 5.0
1) I want to know what is the option is available to claim this property for me. 
==Since your father died intestate (without will), the property will be devolved upon you and your two sisters and your mother equally.  Thus, the property will be divided into 4 parts. Your mother has no right to allot entire property on your name.  At the most she can gift her 1/4th share of property to you. 
 
2) As per the property law what is the right on each Heirs(My mom,Son,sister1,sister2).
==1/4th share each.  

3.If sisters have equal rights what are the documents required to get my sisters 'No Objection' to avoid any issue if i rebuild my father's house or sell it.
==If you want to become owner of the entire property, you have to obtain registered release deed from your sisters.  I do not know how much they demand for this. Pay them some nominal amount. 

4.Is it really required to get legal heir certificate for all 4 of us ? or Can i get only in my name to make the document process simple.Anyway i will settle some amount for my sisters and taking care of my mother. 
==As of now legal heir certificate is not necessary. On the death of your father, the property automatically devolves upon you. You just take death certificate from municipal authorities. But if you want to sell your property to some third parties, they will demand legal heir certificate/succession cert from the Court.  

5. My sisters are settled in foreign country. so whenever they are available i need to get the sign from them. 
Please Advise what is the process to get gift deed or relinquishment deed.
==Simple signature is not enough.  They have to come to India and should be present before the sub register office.  It may take approximately half day for completing all the process. 

6. Is it simple document paper i should typed and get it  signed or i should get typed in Bond papers and get sign from them? Please explain.
==Already explained above. It is better to hire reliable agent sitting near the sub registrar office. 

7. What is the process to register the deed and fees involved for it.
==The stamp duty is approximately 1% on the Government value (i.e. ¾ of the property value, two shares of your both sisters, one share of your mother)plus registration charges 0.5% and Rs. 5,000/- misc. expenses.  This is the position in Telangana.  It may slightly differ from state to state.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1) I want to know what is the option is available to claim this property for me. 

This property was your father's self acquired property and upon his intestate death, the property shall devolve equally on all his legal heirs. 
If all other legal heirs of your father are willing to relinquish their rights and execute a registered release deed in your favor, the same may be registered on your name and after enforcing the same, you may apply for mutation of revenue records and name transfer of other records including EB and water supply connection etc on your name. 
This will ensure the marketable title of the property on your name 





2) As per the property law what is the right on each Heirs(My mom,Son,sister1,sister2).

As per Hindu law and succession act, the property devolves equally on all the said legal heirs including yourself, therefore there being four legal heirs to your father, each one will be entitled to 1/4th share in it. 





3.If sisters have equal rights what are the documents required to get my sisters 'No Objection' to avoid any issue if i rebuild my father's house or sell it

You need to obtain a registered release deed from your sisters and your mother relinquishing their rights in the property in your favor.You may visit my answer to your first qauestion above. 





4.Is it really required to get legal heir certificate for all 4 of us ? or Can i get only in my name to make the document process simple.Anyway i will settle some amount for my sisters and taking care of my mother. 

The legal heirship certificate issued by the revenue department is an essential document required to be submitted before the registrar for registering the property in your favor after the execution of the registered  the release deed in your favor by the other legal heirs. 
You cannot get a legal heirship certificate mentioning only your name as a legal heir to your father, it will be illegal and the Tahsildar will be sent to jail for issuing a fraudulent certificate taking bribe from you hence no authority will be ready to do this fraud for any amount of money given as bribe or consideration.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
My sisters are settled in foreign country. so whenever they are available i need to get the sign from them. 
Please Advise what is the process to get gift deed or relinquishment deed .
1.Is it simple document paper i should typed and get it  signed or i should get typed in Bond papers and get sign from them? Please explain

They (your sisters) cannot execute a gift deed or settlement deed because all are co-sharers hence a relinquishment deed is the next option.  It is to be executed on a nonjudicial stamp paper for the worth and value as per the existing law and the proper stamp duty is also to be paid for it along with the registration charges. This deed can be prepared by a lawyer or a document writer.  If your sister is residing in abroad, she can give a power of attorney deed duly executed in  the country of her residence  by getting it attested by a notary public of that country or by an official of Indian Embassy/High Commission, send it in a sealed cover in the name of the concerned registrar, the cover can be sent to the power agent's address, who shall produce it before the registrar and after breaking open the cover, the registrar may permit the GPA holder to register this power of attorney deed by paying the registration charges after which the GPA holder can execute the registered release deed  on behalf of your sister in your favor.




2.What is the process to register the deed and fees involved for it
You may refer to above answer.  The stamp duty payable may be enquired locally in the SRO office. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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1. You are required to get the gift deed drafter and got printed on stamp paper. It is a deed to be printed on stamp paper and signed by the donor and the donee before witnesses,

2. You shall have to pay the required stamp duty and registration fee ascertained based on the value of the property gifted. It will be prudent on your part to engage a local lawyer to draft and arrangeb to get the gift deed registered before the Registrar.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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