Transfer of property from deceased father

Querist : Anonymous (Querist) 22 September 2017 This query is : Resolved
Dear Experts,

I seek your expert advice on the following:

My father died in 2010 and there is no will. And mother also passed away in 2004. We are 3 class 1 heirs (3 sisters). There is one residential property in the name of our father, which we want to transfer in our names. What is the procedure to transfer property ? And for this transfer do we have to pay again registrar stamp duty based on the current valuation of the property or transfer happens by paying nominal administrative fees ?

Secondly, since we lost original property papers last year, we have got only duplicate copy from the registrar and police FIR copy. Will that be sufficient to transfer the property from father's name to daughters names. There is no dispute or liability related to the property.

Looking forward to your professional advice.

Best Regards and many thanks in advance !!!

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Rajendra K Goyal (Expert) 22 September 2017
No reply to query from an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.

P. Venu (Expert) 23 September 2017
The property is already vested with all the siblings. You may execute a partition or settlement deed. In some states, such deeds involve only nominal stamp duty.

Querist : Anonymous (Querist) 25 September 2017
Many thanks Mr. P.Venu. apart from settlement deed do we need to fulfill any other formalities like legal heir certificate from Tehsildar. Is settlement deed same as mutation of property ?

Kumar Doab (Expert) 26 September 2017
Aq………………….so NO reply.

Kumar Doab (Expert) 26 September 2017
Pls post with your ID and you can get many replies………….

P. Venu (Expert) 27 September 2017
Legal heir certificate may not be necessary. This could be confirmed from SUB Registrar's Office or the local document writer. It is advisable to get the mutation carried out on the basis of the registered deed. Mere mutation in the public records, in the absnce of the registered deed, do not constitute title to property.

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