• Legal heir - transfer property to my name

My parents passed away and i am the only son. There are no other relatives. We were just a family of three. The death was sudden hence there was no will. There is a property in my parent's names which i now want to transfer to myself. My parents were Hindus but my Dad had converted to Christianity later. My Mother continued practising as a Hindu. Please guide me on the steps to be taken.
Asked 2 years ago in Property Law from Jaipur, Rajasthan
You apply for their death certificate and then apply for family survival certificate then for legal heir certificate. If your mothers or fathers mother is alive include them as  legal heirs of theirs.if father mother then her as his legal heir. Then mutate the property in your name in his or hers mothers name if there.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi,
 you can get the property transferred in your name. if it is a landed property go to your tahasildar office and do the necessary formalities to get it mutated in your name. 
 The documents needed are:-
1. Death certificate of your parents .
2. ration card / your birth certificate to prove  you as the son and the legal heir
3. If your mother's mother or father's mother alive take NOC from them(Supposing  they are no more)
3. property tax paid receipts.
4. application form for mutation and receipt of fee paid for it.
 The tahasildar office will guide you and help you with all necessary documents., provide accordingly.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
You can get the property mutated/transferred in your name if it is a landed property.You need to approach the tehsil office with the death certificate of your parents and to show your relationship with the parents produce your birth certificate or copy of the ration card.
If your paternal or maternal grandmother is still alive they are also entitled to a share in the property along with you.
Therefor if that be the case get a no objection from both before you apply for mutation of the property
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
You must apply and get their death certificates to prove that they are not live.then you can produce your parents death certificate their parents death certificate and apply for survival membership certificate and then for legal heir or succession certificate and get the same mutated in your name.show your school certificate ration card etc for proof
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, you just produce the death certificate of your parents and transfer the property in your name or file a petition for issuance of succession certificate.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you have not furnished details of the property whether it is flat in cooperative housing society or your parents independent bungalow . 

2) if it is flat in society make application to secretary . enclose copy of death certificate . furnish indemnity bond and flat would be transferred in your name after issue of public notice . 

3) if it is your parents bungalow and it was standing in name of your parents make application to tehsildar .

4) mutation of property would be done in your name . you have to furnish parents death certificate . affidavit that you are the only legal heir . mention that your grand parents are also dead 

5) in addition furnish your birth certificate and ration card for transfer of property in your name
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Apply for mutation in your name and submit death certificate, your affidavit stating that your grand parents are no more and you are the only legal heir of your deceased parents.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
You have to obtain Legal Heirship Certificate from the Tahsildhaar Office where your parents resides. Based on the legal heirship certificate you have to submit an application for transfer of name in the revenue records in the Corporation Office( or Municipality Office). You will get the name transferred in your name after certain days if everything is in order
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Hi
There is no any impediments in mutating your property. obtain death certificate of you parents and file application for mutation at the concerned authority...
Sujoy
Advocate, Guwahati
8 Answers
0 Consultations
5.0 on 5.0
1. You shall have to legally establish that you are the sole legal heir of your parents property,

2. For that you shall have to collect legal heir certificate from the tehshilder which will certify that you are the sole legal heir of your parents property,

3. After collecting the said legal heir certificate, transfer the property in your name my mutating the same in your favour duly submitting the death certificates of your parents, your voter ID card, legal heir certificate.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The query is lacking in details as to the nature of the property owned by your parents. Was it jointly owned by both your parents, or the ownership thereof was with only one of them prior to their demise? 

2. Since there is no one else in your family and your parents died without making a will the ownership of the property in question now vests in you subject to the nature of the property.

3. You have to get the property mutated in your name by enclosing the death certificate of your parents, ration card and your own birth certificate. Once mutation is granted you will assume the absolute ownership of the property. 

4. If you apprehend any legal challenge to your ownership in future by any of your relatives then obtain a declaration of your ownership from the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
A. Since you are sole children to your parents, you will have the whole share of your parents.

B.  Submit Death Certificate of your parents and Family Tree, Affidavit of the same before the concerned authority.

C. Once your submitted the above documents, the proclamation would be issued by the authority to call upon any objection from the public by 15 or 30 days. Thereafter, mutation process would be cleared.

D.Sometimes, an indemnity bond giving an undertaking that the executants indemnifies the municipal corporation in the event of a dispute arising from the mutation made upon his application is sought
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
For all practical purposes your personal Law, i. e. Hindu Law will be applicable,even though your father converted to Christianity before his demise from Hindu. So, in your case in respect of ancestral property Hindu Succession Act would be your personal law.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
Hello,
There is no impediments legally for you to get the property mutated in your name as you are the only legal heir.
Get the death certificates of your parents , make an affidavit stating that there are no legal heirs surviving except you,produce these along with your birth certificate and the copy of the ration card and tax paid receipts.
Your father's conversion to Christianity has no bearing on your rights.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0

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