Change of name in property after death of one parent.

Abhinav (Querist) 21 May 2015 This query is : Resolved
Hi ,

What would be the procedure of change in name of property held by a deceased person. He is survived by his wife and son. The property needs to be transferred in the name of his son. The property is in Lucknow, Uttar Pradesh.

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Kumar Doab (Expert) 21 May 2015
If it is self acquired property and deceased owner has not left any WILL and was a Hindu then the ClassI legal heir(s) e.g. wife,children (sons and daughters) shall have first right.

All ClassI legal heirs can relinquish their rights in favor of the son and register the deed.

Jeetender Gupta (Expert) 22 May 2015
Check from local registration authorities. In some cases relinquishment deed not recognised & they require a decree from court so a declaration suit to be filed.

Rajendra K Goyal (Expert) 22 May 2015
Facts not complete, whether it is agriculture property or otherwise? Consult local lawyer.

malipeddi jaggarao (Expert) 23 May 2015
First of all obtain legal heir certificate from the concerned revenue authorities. Then get the property transferred in the names both wife and son - if it is agricultural land - in the revenue records by filing an application for mutation before the concerned revenue authorities - if it is house property - in the records of the concerned Municipality. Then the mother can execute a registered gift deed or relinquishment deed in favour of the son. Then the son will become absolute owner of the entire property.

T. Kalaiselvan, Advocate (Expert) 24 May 2015
The mother can relinquish her rights in her deceased husband's property by executing a registered release deed in favor of her son and the son can get the revenue records transferred on his name on that basis through the revenue department and also other records from the concerned department.