Gaurav Mishra (Student) 27 March 2018

How to get deceased fathers property in sons' name??

Dear learned members,

My father passed away last year leaving his wife and three sons(including me) with out a will. He has few immovable properties in his name in Hyderabad. We all family members wants to do partition of the said property mutually and mutation of respective portion in our individual names in the revenue records. My quetions are:

1. Can we do partition through 'Family settlement deed' or 'Partition deed'??

2. Does such 'Family settlement deed' or 'Partition deed' needs to be registered?

3. Does such 'Family settlement deed' or 'Partition deed' needs to be stamped (i.e. Do we need to pay any stamp Duty ?)

4. What is the procedure for mutation (In Hyderabad) of respective portion in our individual names and update the same in the revenue records?

5. What are the documents required for mutation (In Hyderabad) of respective portion in our individual names and update the same in the revenue records?

An early response shall be highly appreciated.

Thanks & Regards

Gaurav Mishra

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5 Replies

Venu Cheggam 28 March 2018

contact venu@9392498819.

Kumar Doab (FIN) 29 March 2018

Which personal law applies in your case or are you all Hindu?

Confirm!

Kumar Doab (FIN) 29 March 2018

1, 2, 3; yes. (Check rates locally in SRO as stamp duty/ charges are state/local subject.. mention boundaries in deed)

4; Complete the process and requirements of ‘Intestate Succession’…

Contact O/o Authority under whose jurisdiction property falls…

5; Death certificate, legal heir certificate/affidavit are basic requisites…as per LOCAL rules/laws/precedence’s..

Kumar Doab (FIN) 29 March 2018

It is good that you have done the home work.

The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

Check locally and comply with procedure.

Thereafter obtain updated copy of mutations records..

Yusuf Rampurawala 03 April 2018

yes all family members can settle the properties of the deceased through a family settlement deed. since actual transfers will not happen through the family settlement deed, the stamp duty on the same will be minimum. the stamp duty will have to be paid on the transfer documents like release deed or relinquishment deed as agreed in the family settlement deed and the former deeds will require to be compulsorily reigstered. To know the stamp duty value and registration procedure, you can catch hold of touts who the registration work. A lawyer's job will be to draft the family settlement deed and the consequential documents like release deed, etc. and to guide you generally on the estate planning.