Transfer of property from late father to my mother.How?
Ramki
(Querist) 27 April 2011
This query is : Resolved
Hi,
My late father has a home in in name which needs to be transferred to my mother name. What is the procedure to transfer it to my mother name and also how to know if ever he has created a will or not?
Thanks,
Ramki
R.Ramachandran
(Expert) 27 April 2011
Dear Mr. Ramki,
First, by enclosing the Death Certificate of your father, you have to apply for and obtain legal heir certificate from the Tehasildar.
Thereafter on the basis of the legal heirs mentioned in the certificate, if all the legal heirs give a registered relinquishment deed (relinquishing their respective shares in the property) in favour of your mother, then the property will be mutated in the name of your mother.
If ever there was a will, the family members would have known. Otherwise the executor, knowing the demise of your father, would come forward and would take steps to execute the will. Till such time, there is no way that one would know whether there was any will left by him or not.
Ramki
(Querist) 27 April 2011
Thank you very much Mr.Ramachandran.
Will there be different Tahsildars for different areas or can we apply for legal heir certificate to any of the tahsildar offices?
Thanks,
Ramki
R.Ramachandran
(Expert) 27 April 2011
You have to apply to the Tehasildar under whose jurisdiction the deceased lived.
Daksh
(Expert) 27 April 2011
Dear Mr.Ramki,
I am in total Agreement with the view point of Mr.R.Ramachandran except of the fact that instead of the jurisdiction of the Tehsildar where your deceased father lived it has to be the jurisdiction should be of the place where the house is situated.
Best Regards
Daksh
Ramki
(Querist) 27 April 2011
Ok thanks Mr.Daksh. Exactly, the house is situated in a very different area and to other part of the city from where we leave.
I spoke to one of the lawyers regarding getting legal heir certificate and he said it takes about 6 months now in Bangalore. Is it true?
Also, after the property title is transferred to my mother if someone comes and says that a will existed, will that WILL be valid?
Thanks,
Ramki
Guest
(Expert) 28 April 2011
Mr. Ramacandran has suggested the correct solution. Time taken in legal formalities is the other thing.
