Property transfer
Querist :
Anonymous
(Querist) 22 April 2018
This query is : Resolved
I would like to understand that the legal process to transfer property from my deceased father to me provided my mother and my only sister agreed for this. At the time of my father died, my grandmother was alive so the my father's legal heir certificate has included my grand mother's name as my father's legal heir. Now she is no more. Currently still the death certificate for her is not yet taken and in the process.
But to transfer the property which my father bought is it necessary to have my grand mother's certificate? What is the usual process for transfering the property to legal heir?
Ms.Usha Kapoor
(Expert) 22 April 2018
Your wants to become the sole owner of the entire property. including your father's share, your motrher's share and your only sister's share as per your dead father's wish. Get relinquishment deed signed by your mother and your sister and register it who release all their rights,title and interest in subject property in your favour.Take Legal heir certificate and death certificates of your father and your recently died grandmother.As far as death certificate is concerned Municipality or the Registrar of Births and death would issue death certificates of your father and your grandmother. Legal heir certificate you can get from local Tehsildar.You can get your grandmother's share in the property as well.
Querist :
Anonymous
(Querist) 22 April 2018
Thank Madam , Further to add here. As this is only small plot it would be beneficial for one instead of 3 shares so I am paying money for other 2 shares namely my sister and my mother don�t take as she lives with me and I am sole care taker of her. What does the effect of ownership after my mother and sister signed relinquish deed. Does this help me to be sole owner for this property? In case I like apply for bank loans do they accept this as my ownership? Once relinquish deed signed will I get new copy of ownership for the land?
I have my father�s death and legal heir already taken.
But in that legal heir my grandmother is one of my father�s heir. How does this works . Please clarify. Thanks for your response.
Ms.Usha Kapoor
(Expert) 22 April 2018
Once relinquishment deed is taken from your mother and sister the entire property will be yours...To this your grand mother's share will be added. It's good that you are taking care of your mother.Registered relinquishment deed should be taken.
Ms.Usha Kapoor
(Expert) 22 April 2018
After Relinquishment deed banks will accept your plot property as collateral security and advance loans. You will be the sole owner of the entire property.Your title will be absolute and clear.
Guest
(Expert) 22 April 2018
Is there any other legal heir of your grand mother alive other than your deceased father, i.e., her sons, daughters or their further legal heirs?
Kumar Doab
(Expert) 22 April 2018
Pls post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Querist :
Anonymous
(Querist) 22 April 2018
Thanks for response. My grandmother had 2 sons inlcuding my father. Still my father brother and he has son and daughter. Will this affect anything , The property which I am dealing is solely earned by my father.
Guest
(Expert) 23 April 2018
Being anonymous, it can't be guessed, whether you are Hindu, Muslim or belongs to some other sect. You should have made mention of the same to help the experts to arrive at some proper opinion in your case with reference to the appropriate inheritance laws.
Was there any secrecy that you preferred to keep yourself anonymous while asking your query?
Ms.Usha Kapoor
(Expert) 23 April 2018
In your grand mother's property your paternal uncle has a share.By virtue of intestate succession.
Querist :
Anonymous
(Querist) 23 April 2018
Madam,thanks. this belongs to my father's property. does this have anything to worry with my parental uncle ?
Ms.Usha Kapoor
(Expert) 23 April 2018
Regarding your grandmother's property I made that statement. Your father would get 1/2 share and your paternal uncle would get 1//2 share in your recently expired grandmother's property. So that 1/2share also you can own if you want to.
