Transfer of property without will
My parents expired in 2013 without executing any will. My fathers flat in Chinchwad, Pune was in solely in his name. All grandparents are also no more. We were four siblings, however, one of my brothers has expired and presently we are two brothers, one sister, and one sister-in-law (of my deceased brother). We have been trying to get the house ownership transferred to us to enable us to sell the property so that we may divide the proceeds among all four of us equitably. However, despite three years having passed by, we are still unable to do so. We had hired two lawyers to do the needful, but now I am worried if our current lawyer since past two and half years is competent / giving us correct advise. Hence I wish for a second opinion if possible. Details of the case are as under :-
Father had made all four children nominees prior to his death (mother had expired before him). Based on nomination, the society had given us share certificate with all four names on it.
Our first lawyer had provided us a Vasiyat Nama in all four names.He however charged us way too much and took too much time to do the same.
We changed lawyers and 2nd lawyer advised that we need to make a heirship certificate preferably in one persons name, since all four of us live in different cities (and none in Pune).
Balance three persons submitted an affidavit and whatever paper work was required giving up their rights to the property in my name.
In 2014, our lawyer applied for heirship certificate in my name in the local court, for which I was present.
Four one and half years he kept telling us that the court will give a date, when I will need to appear.
In August this year (2016), we were given a date of 14 Aug. I went to the court, was asked to sign some papers in front of a clerk and was told the court order would be given within a fortnight.
Now in October, the lawyer says that the court has asked for fresh documents from the balance three persons giving up their property rights again in my name.
Thereafter again the court will give a date for which I have to appear and then will get the heirship certificate, for which we have to pay some stamp duty charges of approx Rs 70 - 80000.
After that we are to go to the local municipal corporation for changing of ownership (is that called mutation?)
Thereafter have the water, electricity etc billing changed in my name.
My queries are :-
1. Have we been taken for a ride or is this the correct procedure.
2. I am apprehensive that we are now going into another cycle of one to two years.
3. Is there any means of speeding up this process from whichever stage it is in now.
Thanking you in anticipation.
Asked 7 months ago in Property Law from Pune, Maharashtra
You ought to have applied for letters of administration from district court in name of 4 legal heirs
2) if there was no contest you would have got letters of administration in 6 months time
3) if you want LA in name of one legal heir other legal heirs have to file contest affidavit
1. Lawyers are entitled to charge any fee they desire, so no comments on this.
2. It is not clear though how your first lawyer provided you vasiyatnama (will) unless there was one made by your father.
3. Legal heirship certificate is issued by tehsildar and not civil court. If you want the other heirs i,e your surviving siblings and the heirs of deceased brother to transfer the share to you then they have to execute a release deed in your favour, whereupon you can apply for mutation in the revenue records and also for change of name in the electricity bill and water bill. You seem to be walking on a road that will lead you to nowhere.
Sorry hear the ordeal you have gone through but - there was a / is a simple way out and you dont need a court for the same.
a. As your parents and grandparents died without a will you need to go to the registrar and the revenue department of the concerned area and get the properties transferred on your name and the same can be done merely on the basis of Rashan card as well if it has name of your father and all you brothers.....
b. once the properties are transferred in the revenue records....you would be able to sell the property and accordingly when you sell all the four people you three brothers and the wife of the deceased brother has to be physically present for the sale deed .
c. Technically there is no need for the transfer of property or heirship certificate / succession certificate in favor of one person but even if in case you need that the correct procedure is to get a Relinquishment Deed in favor of one person from all the other person's there are just the administration charges and minimum stamp charges for the same and no stamp duty need to be paid. after the relinquishment deed all the ownerhsip rights will vest with one person.
d. Also for there is no need to pay such HEIRSHIP charges / succession certificate - as the records of water , electricity can be updated once the property is transferred through Relinquishment deed.
the fastest process is Relinquishment Deed .
Best of Luck.
1. It appears that you have been taken for a long ride. There was no need for transferring bthe property in your name by other legal heirs.
2. Legal heir certificate required for claiming immovable properties is obtained from the local tehshilder/Municipal Councilor and not from the Court. Succession certificate required for claiming movable properties like bank balance, share listed in stock market etc. which is obtained from the Court.
3. You collect the legal heirs certificate and file an application for transferring the said certificate in your names being the legal heirs and also the nominees of the flat of your father.
4. After getting the share certificate issued in your names, you can apply for mutating the name and then sell the flat jointly signing the sale deed and mentioning in the sale deed itself as to how much has been paid to each of the legal heirs.
5. The entire process should not take more than 2 months to be completed.
6. Act as advised above yourself.
1. There is some erroneous thing going on in your case.
It is not understood that why did your lawyer file a succession certificate before court?
Legal heirship certificate is not given by court, it is given by the Tahsildar/revenue department.
This legal heirship certificate shall suffice to apply for mutation f records in joint names and also for transfer of all other records with various authorities.
There is no necessity to pay that huge amount as stamp duty and what is the reason that you pay stamp duty and for what purpose it is being levied?
You have to produce all the relevant papers/documents before a good lawyer in the local and seek his opinion in this regard.
This lawyer seems to have taken you for a good ride.
2. In my opinion you are actually proceeding in a wrong direction now and you may not be able to get the things straight even after the disposal of this case.
3. First of all ascertain what case is going on and whether this case is appropriate to the prevailing circumstances or whether you people are misguided.