Transfer of title of a house
Gurpreet Kaur
(Querist) 04 February 2012
This query is : Resolved
This case belongs to a house property which was a separate property of A. It was distributed in his 2 sons equally through a registered will. The elder son of A ie B has died intestate leaving his one son & 2 daughters behind. B's wife has also died. later, the elder daughter of B has asked for a share of the property which has already been given without any paper work. Please note that all the children of B are married.
My query is:-
1) what is the paper work required to be done to get a clearance from B's elder daughter?
2) what are the formalities required for change of title of such house property to the A's Grandson as still its on A's name on the papers?
3) what is the best way to get clearance from B's second daughter?
4) Is there any duty to be paid to the government for such a transfer?
R.Ramachandran
(Expert) 04 February 2012
Dear Gurpreet,
1. When there is a WILL left by "A", then his sons should have first got the property mutated in their names on the basis of the WILL.
2. Step 1 above, would have ensured that the property stands in the name of A's sons on 50-50 basis.
3. Now that B has died (and his wife has also died), on the basis of B'death certificate (and the death certificate of B's wife), the children of B have to apply for obtain Legal Heir certificate.
4. On the basis of the legal heir certificate, the property left behind by B can be got mutated in the names of B's children.
5. The Grand Children of B has no role to play now once their father/mother are alive.
prabhakar singh
(Expert) 04 February 2012
you are perfectly guided by Mr. Ramachandran.
Gurpreet Kaur
(Querist) 04 February 2012
Thanks Mr. Ramachandran for this advice. I need to know:-
1) From where to obtain this "Legal Heir certificate". The family belongs to Delhi. They already have collected the death certificates from the respective department.
2) what is the paper work required to get clearance from both the daughters? Pls note, one has already taken the share from the property without doing any paper work.
3)Does such mutation of property attract any duty to be paid to the government? The family doesn't intend to sell this property.
prabhakar singh
(Expert) 04 February 2012
1) From SDM/TEHSIDAR
2) SETTLEMENT DEED.
3)NO.
Advocate. Arunagiri
(Expert) 04 February 2012
1. legal heir certificate has to be collected from the Tashildar, of the last area where the father /mother lived lastly.
2. You can enter a partition deed.
3. Mutation of property does not attract any duty. May be Rs.100 or 200 fee payable to VAO / govt.
Raj Kumar Makkad
(Expert) 04 February 2012
Merely providing property on simple papers in not sufficient. Both daughters shall have to relinquish their rights in the property by way of Release Deed before the registrar.
Nadeem Qureshi
(Expert) 04 February 2012
I agree with Mr. Ramachandaran
Gurpreet Kaur
(Querist) 06 February 2012
Thank you all for ur valuable suggestions. I am sure this will help my client. But I have an additional fact provided to me:-
"B's wife is alive, & she left B during his lifetime along with the children & married another man without divorcing B. She presently has 2 children from the second marriage.
Will the procedure change with this additional fact? Does she also have to relinquish her right in the said property?
