• Transfer property in the name of wife after the husband death

What is the procedure to transfer the title my fathers property, who has expired, in my mothers name .  Will it attract Stamp duty? do we need to do the registration? 

Seeking a clear and detailed response.  

the property in question is a 1 bhk flat
Asked 7 months ago in Property Law from Kalyan, Maharashtra
Religion: Hindu
1) has your father made nomination of flat in name of mother? 

2) who are other legal heirs of father? 

3) apply to society for transfer of flat in name of mother . 

4) other legal heirs can submit gift deed/ relinquishment deed relinquishing share in flat in name of mother 

5) society would transfer flat on execution of indemnity bond 

6) if society refuses to transfer you need letters of administration from court 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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1) you will have to issue legal notice to your uncle to vacate the property . 

2) if thy refuse   file suit for eviction . 

3) your uncle is mere gratuitous licencee and not a tenant . 

4) your uncle cannot claim any right to stay in property standing in name of your deceased father 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) as regards your first query is concerned for transfer of flat in your mother name in society records no stamp duty is payable 

2) you dont need to do registration 

3) just apply to society to transfer flat in mother name . enclose NOC from other legal heirs 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. On the demise of your father his heirs are his mother, widow and children, each one of whom succeeds equally to the property. If you wish to transfer your share to your mother then you may execute a release deed in her favour.

2. You can file a suit for eviction against your father's brother and his family as they are in illegal possession of the property. If they were inducted as tenants, and they have not paid the rent, you may recover the arrears of rent apart from evicting them from the property.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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What is the procedure to transfer the title my fathers property, who has expired, in my mothers name .  Will it attract Stamp duty? do we need to do the registration? 
Seeking a clear and detailed response

Subsequent to your father's intestate death, the property devolves equally on all the legal heirs survived by him. If all the legal heirs other than your mother are willing to transfer the property on her name, they can jointly execute a registered release deed relinquishing their rights in her favor, which will subsequently confer the title tot he property on her name.  The registered release deed may attract stamp duty and registrations charges accordingly as per the existing rules of the state government. 
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
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Now when we are asking them to vacate the house, they are not ready to leave.  Can we fight it out in the court of Kerala.  What wil be the possible judgement?  Can they forcibly stay at my Fathers property?
Does it not amount to tresspassing?.  Pl. give me a detailed feedback and advice with all the pros and cons

Upon your father's intestate death, all his legal heirs are entitled to a legitimate share in the properties left behind by him as his successors. The occupants in the house belonging to your father cannot claim ownership until and unless they have been gifted with the property by your father. 
You can issue a legal notice on behalf of all the legal heirs to them to vacate the property immediately and also to pay rent to the property they have been staying all along till this at a monthly rate that you may specify and instruct them to handover vacant possession within the time stipulated.
If they fail to respond or comply, you may file an eviction suit in the place where the property situate immediately. 
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0

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