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Registeration of property in kerala

(Querist) 06 December 2016 This query is : Resolved 
Dear Sir,
My father and mother died intestate in Mumbai leaving behind property of 30 scents with house in our native town Kerala. We are three brothers and one sister who are legal heirs of the property and we are living in Mumbai. Do we need to make a legal heir ship document or succession document from court in Mumbai for getting the property registered in our name Kerala. Please guide me about procedure to follow in getting the above property registered in our name in Kerala.

You expert advise on the matter is appreciated.
Kumar Doab (Expert) 06 December 2016
The Tehsildar at location where your father and mother lived can issue the legal heir certificate.


Rajendra K Goyal (Expert) 06 December 2016
It was a residential property, if your father was living there, get legal heir certificate from there.
P. Venu (Expert) 07 December 2016
You can get the partition deed executed; legal heirship certificate is not necessary. A document writer can help you in getting the deed drafted and executed.
Kumar Doab (Expert) 07 December 2016
You may visit local counsel and find out what suits you the most.

Rajendra K Goyal (Expert) 08 December 2016
Partition can be a process / alternate.

But there is no existing partition deed, if partition is to be claimed from court, it would be a time and cost consuming process.

Local authorities would effect mutation if request with heir-ship certificate submitted. It would save cost and time.
Kumar Doab (Expert) 08 December 2016
You may choose what is most suitable to you.


Guest (Expert) 08 December 2016
When the Property is Owned and in the Name of Deceased Parents How Come Mr.P.Venu Would Say Legal Heir Certificate Not Required and what basis the Partition would be Done Please.
P. Venu (Expert) 08 December 2016
Only nominal expenses are required for executing a partition deed in Kerala and, I repeat, a document writer can assist in getting things done.
Guest (Expert) 08 December 2016
Mr.P.Venu My Question is you have said" "Legal Heir Certificate" Not Necessary" Please.Kindly Justify
Rajendra K Goyal (Expert) 09 December 2016
You said:
Do we need to make a legal heir ship document or succession document from court in Mumbai for getting the property registered in our name Kerala. Please guide me about procedure to follow in getting the above property registered in our name in Kerala.


Reply:

Revenue / municipal authority can enter mutation on the basis of request application accompanied with death certificate of owner. It may ask legal heir certificate. No need of registration in the name of legal heirs again, mutation would solve the purpose. Generally Succession certificate is taken in case of movable properties.



Kumar Doab (Expert) 09 December 2016
Speak to the authorities at both location and you will get clarity.


P. Venu (Expert) 09 December 2016
The system, as described by learned expert Mr. Goyal, seldom operates in Kerala though theoretically, it is feasible and possible. The system in vogue is that the legal heirs execute the partition deed and based on that mutation is carried. There are document writers who are well-versed in assisting the registration procedures.
Kumar Doab (Expert) 09 December 2016
Mr. P.Venu is from Kerala and is best placed to comment on local rules, practices.
Rajendra K Goyal (Expert) 10 December 2016
Expert P. Venu is local, well versed in local process, can gain benefit from his guidance.
Guest (Expert) 10 December 2016
In his earlier Post 2 days ago Mr.P.Venu had Stated " Legal Heir Certificate Not Required in this Thread.In his Last Post he had changed his version.Mr.P.Venu Please Justify
Vijay Kumar (Querist) 13 December 2016
Dear Sirs,

I thank you all experts for the valuable advices. Mr. P.Venu I request you to give some contact detail of document writer who I can be in touch on the matter. I plan to visit kerala next month for the same purpose. My email ID is vijaynair27@gmail.com & Mob : 7738853434.
Regards
Vijay Nair
Vijay Kumar (Querist) 13 December 2016
Dear Mr. P. Venu,
I forgot to mention that property is situated in Calicut, Westhill, Kerala. If you know of any Document writer situated in that locality kindly let me know.
Regards
Vijay Nair
Kumar Doab (Expert) 13 December 2016
You can also send a PM to Mr. Venu.
Rajendra K Goyal (Expert) 13 December 2016
Send PM to expert P. Venu.

click at his name - his profile would open - click send PM- write and send.
Vijay Kumar (Querist) 16 January 2017
Dear Sirs,

Reference to my above query, as suggested by Mr. P. Venu, I visited Village office and Corporation office in Calicut, Kerala and they advised me to get legal Heir certificate to get the property transferred to our name. As my father and mother expired in Mumbai and further since we are residing in Mumbai they also advised me to make Legal Heir certificate from Mumbai. Please advise how I can go about in getting legal heir certificate. Your prompt advise on the matter is highly appreciated.
Rajendra K Goyal (Expert) 16 January 2017
May contact local lawyer / search net to know the procedure and office in Mumbai.
Guest (Expert) 17 January 2017
Obtaining Legal Heir Certificate is a Simple Procedure and there is No Requirement of Lawyer.First along with the Death certificates of your Parents with Address Proofs Meet Concerned Tehsildar's Office Seek their Guidance ,Procedures and Formalities and Comply with it and It would be Done in 15 days.
Kumar Doab (Expert) 17 January 2017
Obtain legal heir certificate.
Usually it is issued by Tehsildar's office.


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