Transfer of property after the death of one owner.

JASJEET SINGH (Querist) 07 July 2019 This query is : Resolved
Sir

A property is registered in the name of my father and mother . And my mother expired 3 yrs back now my father wants to get the property transferred in his and my name. can you plz guide me the process of transferring the property.
thanks
Jasjeet Singh

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kavksatyanarayana (Expert) 07 July 2019
Dear querist, the property was in the name of your parents. Hence they got each half share. Now your mother is no more. so the share (half share) of your mother shall devolve between your father and his children in equal shares. Suppose if you are the only son to your parents, then your mother's half share devovle between you and your father. Hence you and your father devide the property as you mutually agreed and get the partition deed registered. Then your father will have 3/4th and yourself with 1/4th share. Or if your father agrees to relinquish his 1/2 rights in your mother's share in your favour and get the relinquishment deed to be executed by your father in favour of you. Then your mother's 1/2 share will come to you as your father already have 1/2 share in the entire property in case if you are only their son.

Dr J C Vashista (Expert) 08 July 2019
Various related information have not been posted for obligation of experts e.g., how did your parents got the property, what is nature of property, whether your mother died intestate etc. etc.
It would be advisable to consult a local prudent lawyer for proper analyses, guidance and proceeding.
If you are located in Delhi/NCR and feel so, may contact me (on appointment) with relevant record at:
Chamber No 647, Lawyer' s Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi
Cell # + 91-98911-52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com