My mother passed away in 2019. On her name we have a house G+2, in RajendraNagar, Hyd. My father did legal heir certificate after that. Now my father has passed away two years back. To my parents we are two sons. My elder brother is citizen of US and I am younger. What is the procedure, process, list of required documents, cost of registration etc. to get house on both of our name. My brother has to fly down to India, so basically how much time will it take to get all this done.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
On death of your parents both of you siblings become the joint owner of the property. Therefore, you need to only mutate your names in the revenue record of the property. The local authority/Municipality cna guide on the process of the mutation.
For this the physical presence of your brother is not necessary.
Since you and your brother are the only surviving legal heirs to your mother, you may obtain a legal heirship certificate.
After that you can apply for transfer of revenue records and mutate the records on both of your names jointly.
Since your brother need to be be present, you can get a power of attorney deed from him executed at uS itself and duly notarised by a local notary public authorising you to carry out the said tsks of transferring the records from your mother's name to your names.
The time taken will depend on how you follow it up with the authorities concerned by complying with the set out procedures.
The cost would be the government fixed fees for this purpose.
There is no necessity to unregister the documents to your names, however if you both want to divide the property amicably then you can draw a partition deed in writing on mutually agreed terms and get it registered.
The stamp duty would depend on the government guidance value of the location of the property.
Your brother cab execute POA in your favour
2) make am application to revenue authorites for transfer of property in your names
3) enclose death certificate of parents
4) latest receipt of payment of property taxes
5) affidavit in support
- If the said property is in the name of your mother , then after her demise and also fathers demise , the said property would be devolved upon you and your brother.
- Further, your brother can release his share in your name after executing a Relinquishment deed.
- You can apply before the Revenue department for the mutation in your name after submitting the death certificate of your parents and the property papers.
- Further, as your father has already procured LR certificate , then even after his demise no need to get the said certificate .
You can execute a registered family settlement deed or partition deed for getting the dame registered under your name.
Hi, The registration is not required. You and your brother acquired the property by virtue of the succession. Both of you need to change the revenue records.
1. House is not registered, the title deed in connection with the house is registered.
2. In your case, there is no title deed to be registered since you have already inherited the property of your mother/father.
3. You shall have to get the said property mutated in your name now.
4. The question of registration of title deed will come when and if you two decide to convey the title of the property in favour of any body and execute a deed of conveyance for registration.
Dear Client,
Since both your parents have passed away, ownership of the house now devolves upon you and your brother as legal heirs under the Hindu Succession Act. The process involves:
Obtain updated Legal Heir/Surviving Member Certificate showing both sons as legal heirs.
Collect documents – your parents’ death certificates, original property documents (sale deed, link documents), property tax receipts, electricity bill, and Aadhaar/PAN of both heirs.
Prepare a Deed of Partition or Release Deed if you want to divide the property, or a Transfer Deed in both names for joint ownership.
Your brother can either come to India to sign the documents at the Sub-Registrar’s Office or execute a Power of Attorney (POA) in your favor from the U.S., attested by the Indian Consulate.
The deed will be registered at the Sub-Registrar Office, Rajendranagar, after payment of stamp duty (about 1–2% of property value) and registration fee (1%).
After registration, apply for mutation in GHMC/Municipal records in both your names.
If all documents are ready and your brother is present, the entire registration process can be completed within 3–5 working days. Mutation may take another 2–3 weeks.
I hope this answer helps. For any more queries, do not hesitate to contact us.
You have informed that your mother was the registered owner of a residential house (G + 2 floors) situated at Rajendranagar, Hyderabad. Your mother passed away in the year 2019. After her death, your father obtained a legal-heir certificate. Your father has also passed away two years ago. You and your elder brother are the only surviving legal heirs. You now wish to have the property formally recorded in the joint names of both sons.
Under the applicable law, once the owner of a property dies intestate (without leaving a will), the property devolves upon the legal heirs in accordance with the Hindu Succession Act, 1956. Since your mother was the registered owner and your father survived her, the property first devolved jointly upon your father and the two children. After your father’s subsequent demise, his one-third share devolves equally upon both sons. Therefore, as of date, you and your brother together hold complete ownership of the house in equal proportion.
To formalise the title in revenue and registration records, the following procedure must be adopted.
1. Obtain or update the Legal Heir Certificate.
– Since your father’s legal-heir certificate was issued after your mother’s death, you will now need a fresh legal-heir certificate in respect of your father, showing both sons as heirs.
– Application is made to the Tahsildar, Rajendranagar Mandal, through the Mee-Seva Centre.
– Attach copies of your father’s death certificate, Aadhar cards, family ration card, and notarised affidavit of heirs.
– Processing time is usually 2 to 3 weeks.
2. Collect Death Certificates of both parents.
Certified copies from GHMC birth and death section are mandatory; they must be attached to every subsequent application.
3. Prepare a Written Declaration or Deed of Partition / Settlement.
Since there are only two heirs and no dispute, the simplest way to record ownership is by executing a Deed of Family Settlement or Memorandum of Partition, declaring that both brothers are co-owners in equal share of the said property.
– This deed should recite the chain of title (original sale deed in mother’s name, her death, father’s death, and present heirs).
– It should be signed by both brothers and two witnesses before the Sub-Registrar, Rajendranagar (SRO).
4. Documents required at the time of registration.
– Original parent title deed (sale deed in mother’s name).
– Latest EC (Encumbrance Certificate) for 30 years (downloadable from Dharani Portal).
– Death certificates of both parents.
– Legal-heir certificates of both.
– Aadhar and PAN cards of both sons.
– Passport copies and OCI cards / visa for your brother (since he is a U.S. citizen).
– Two passport-size photographs of each party.
– Current property tax receipt, GHMC mutation extract, and electricity bill.
5. If your brother cannot be in India for the entire process.
– He may execute a Power of Attorney (PoA) in favour of you to complete registration formalities.
– This PoA must be signed before the Indian Consulate in the U.S., then couriered to you and adjudicated (stamped) in Hyderabad within 3 months under the Indian Stamp Act.
– Once adjudicated, you can sign and register the deed on his behalf.
6. Registration cost.
– For a family-settlement or partition deed between legal heirs, the stamp duty is concessional in Telangana: usually ₹1,000 stamp duty + ₹1,000 registration fee + ₹100 user charges per document (approx.).
– Miscellaneous costs (EC, certified copies, drafting, service charges) may total ₹2,000–₹3,000.
– Advocate or document-writer fees may vary from ₹5,000 to ₹10,000 depending on drafting and liaison work.
7. Mutation in GHMC / Property Tax records.
– After registration, submit the registered copy to the GHMC Circle Office (Revenue Section) for mutation.
– Attach the new deed, death certificates, and legal-heir certificate.
– Mutation will update the property tax records to show both sons as owners.
– Processing time is typically 15 days.
8. Time frame.
– Collecting documents and obtaining the fresh legal-heir certificate: 2–3 weeks.
– Drafting and registration of the deed: 1 day.
– Mutation: 2 weeks.
In all, if both heirs are available and documents ready, the entire process can be completed in about 4 to 6 weeks. If your brother executes a PoA from abroad, allow an additional 2 to 3 weeks for adjudication and courier.
In conclusion, you and your brother, as the only legal heirs of both deceased parents, are entitled to have the Rajendranagar house recorded in your joint names. The lawful method is to execute and register a family-settlement or partition deed supported by death and heir certificates, followed by mutation in GHMC records. The total official cost will be nominal, within ₹3,000 to ₹5,000 exclusive of professional charges, and the entire procedure can be completed within six weeks if documents are in order.
Since your father died without a Will (intestate), the property will be distributed according to the Hindu Succession Act, 1956 (assuming the family is Hindu). The process you will follow is called a "Succession Certificate" or, more efficiently for immovable property, a "Legal Heirship Mutation" combined with a "Registered Partition Deed and Release Deed".
Here is the complete procedure, document list, costs, and timeline.
A. Understanding the Legal Succession
After your mother's death (2019): The house became the property of her legal heirs. As per law, this includes her husband (your father) and her two sons (you and your brother). Each had a 1/3rd share.
After your father's death: His share of the property (his own 1/3rd + his share from your mother's portion) now passes to his legal heirs. In this case, that is only you and your brother, in equal shares.
Final Ownership: Therefore, you and your brother now own the entire house, each with a 50% share.
B. The Step-by-Step Procedure & Documents
The entire process can be broken down into two main parts:
Part 1: Mutation (Updating Land Records in Municipal Records)
This process updates the property records at the Greater Hyderabad Municipal Corporation (GHMC) to reflect you and your brother as the new owners. This is crucial for receiving property tax bills in your names.
Process: You need to apply for "Mutation" or "Name Transfer" at the GHMC office. You will do this based on a Succession Affidavit.
Required Documents (Part 1):
Application Form: (Available at GHMC office/website).
Succession Affidavit: A self-declared affidavit on non-judicial stamp paper (typically ₹100-200 value) stating the family tree and the fact that you and your brother are the only legal heirs of your deceased parents. Both of you must sign it.
Death Certificates: Of your mother and your father.
Your Father's Legal Heir Certificate: This is a very important document you already have.
Proof of Identity of Both Brothers: Aadhaar Card, PAN Card, Passport.
Proof of Address of Both Brothers.
Brother's Proof of NRI Status: Copy of Passport, US Visa, OCI/PIO card.
Original Property Documents: Sale Deed, Previous Khata, Latest Tax Receipts.
Indemnity Bond: A bond on stamp paper indemnifying the municipality against any future claims.
Note: For an NRI, some municipalities may ask for the documents to be notarized or apostilled in the foreign country. Check with a local document writer or lawyer in Hyderabad about GHMC's specific requirement for your brother's documents. Sometimes, a simple notarized copy of the passport is sufficient.
Part 2: Legal Partition and Registration (Creating a Legal Document for 50-50 Share)
While the mutation gives you administrative recognition, to legally establish your 50-50 ownership, especially for future sale, a registered deed is best. Since you are both agreeing to hold the property equally, you will execute a "Partition Deed and Release Deed".
Process:
You and your brother draft a "Partition Deed" stating that you are the legal heirs of your parents and have mutually agreed to hold the property at [address] equally, with undivided 50% share each.
Since you are not physically dividing the building, it's an "oral partition" confirmed by a deed. This deed effectively "releases" each other's claims to the other's half.
This deed must be printed on non-judicial stamp paper of the correct value (see costs below) and registered at the local Sub-Registrar Office (SRO) where the property is located (Rajendranagar SRO).
Required Documents (Part 2 - for Registration):
Drafted Partition Deed: Prepared by a lawyer or certified document writer.
Identity Proof: Original Aadhaar & PAN of both brothers. (Your brother's passport is mandatory).
Passport-size Photographs of both.
Death Certificates of parents.
Father's Legal Heir Certificate.
Original Property Documents (Sale Deed, etc.) and the Updated Khata/Mutation from GHMC (from Part 1).
Two Witnesses: They must be present with their original ID proofs (Aadhaar/PAN).
C. Cost Involved (Approximate Estimates)
Stamp Duty for Partition Deed: This is the major cost. In Telangana, stamp duty for a Partition Deed is 1% of the market value of the share being separated.
Calculation: If the government's market value of the property is ₹1 Crore, the value of one 50% share is ₹50 Lakhs.
Stamp Duty = 1% of ₹50 Lakhs = ₹50,000. (This is the stamp duty for the deed. The total stamp paper value will be slightly higher to cover the deed text).
Registration Fee: Approximately 0.5% of the share value (₹50 Lakhs in our example), so around ₹25,000.
Miscellaneous Costs:
Lawyer/Document Writer Fees: ₹5,000 - ₹15,000
GHMC Mutation Charges: ₹1,000 - ₹2,000
Affidavit & Bond Stamp Papers: ₹500
Notarization (if needed): ₹1,000
Total Estimated Cost: Can range from ₹80,000 to ₹1,00,000, heavily dependent on the stamp duty value of your property.
D. Timeline
Assuming all documents are in order and your brother is in India:
Preparation (Before brother arrives): 3-5 days. You can gather all death certificates, legal heir certificate, property papers, and get the draft of the Partition Deed ready.
GHMC Mutation: 1-2 weeks after application. You can start this process.
Final Registration at SRO: This can be done in 1 day once the deed is ready on stamp paper and both of you are present with witnesses.
Total Active Time Required: If planned well, the core legal work during your brother's visit can be completed in about one week. The mutation process can run in parallel or beforehand.
Crucial Recommendations
Hire a Local Lawyer: Given the involvement of an NRI and property registration, it is highly advisable to hire a reliable local property lawyer in Hyderabad. They will:
Verify all your documents.
Draft the Partition Deed correctly.
Liaise with the SRO and GHMC officials.
Ensure the entire process is smooth and legally sound.
Check NRI Document Requirements: The lawyer can definitively tell you if your brother's documents need notarization/apostille in the USA or if self-attested copies will suffice for GHMC and SRO.
Get the Market Value: Your lawyer can help you check the current "guidance value" of your property at the SRO to calculate the exact stamp duty.
By working with a lawyer, you can have everything prepared before your brother flies down, minimizing his time in India and ensuring a hassle-free transfer.
