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(Guest)

Transfer of property

HI Team ,

The house where we live is in my Mothers name and she passed away 20 years ago and we have got her death certificate with us, however my father is alive and he wants the property to be transferred to my  name. Could you please explain me the procedure on how to get this property transferred to my name?

Note: We live in Andhra Pradesh

 

Thanks

Sharat 

 


Learning

 3 Replies

Kumar Doab (FIN)     27 August 2014

It is believed that the deceased was Hindu and Hindu Succession laws shall apply.

If the lady has not given away the property in her life time by WILL, Gift/sale/relinquishment/Transfer/ Release deed etc then;

 

1. If the property was self acquired by the Lady:

The property shall firstly devolve  upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband

 

2.  If the Lady had acquired property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters

 

3. If the Lady had acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters 

 

Thus all ClassI legal heir can  relinquish their rights in your favor.

 


(Guest)

Thank you for that information.

Yes we are hindus. I also got two elder sisters and they are married.

I would also like to understand if i as son can sell the property alone or should my sisters also be part of the sales process. And should we get family member/legal heir certificate to sell this property.If so what is the process of getting the certificate, can you also help me with the application form.

T. Kalaiselvan, Advocate (Advocate)     31 August 2014

If you want your mother's intestate property to be sold by you alone, first get it transferred on your name by obtaining a registered release deed byall the three i.e., your father and two sisters who have to relinquish their rights in your favor, after which you don't need to obtain their signatures while disposing the property.


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