Documents required for property transfer from deceased mother
Querist :
Anonymous
(Querist) 16 September 2011
This query is : Resolved
Hi Sir/ Madam,
My mother inherited a property in Bangalore from her mother. My brother and myself are her heirs. After my grand-mother's death, Khata transfer was done to my mother's name and also the tax-paid receipt is in my mother's name. My mother passed away 6 months ago.
Pls clear my questions below:
1. Are khata and tax-paid receipt sufficient to transfer the property to the names of my brother and me and declare us as sole owners?
2. Are my mother's brother's children entitled to have a claim in this porperty as no other deeds are in my mother's name?
3. What are the deeds/ documents needed now to give my brother and me sole ownership over this property.
Your advice will be greatly appreciated.
Br,
Hema.
M.Sheik Mohammed Ali
(Expert) 16 September 2011
are you married or not ? when did your marriage ? as per law 1st schedule legal heirs only inheritances the property, so both are have rights.
prabhakar singh
(Expert) 16 September 2011
1.you need to file a mutation application before tehsildar/sdm revenue of area to delete the name of your mother giving date of her death along with her death certificate and stating that as son and daughter you are her legal heirs so your name be recorded in her place as her heirs [mind ,if your father is alive then he is also her heir].
2.No your mother's brother or their children can not claim any right against you all or any of you.
3.Death certificate,document,if any,showing you both are daughter and son of your mother mother such as extracts of family register etc.[if none then affidavit]
after mutation stands recorded in ,apply a copy ,pay the tax and that is the record of your right now as earlier of your mother.
R.Ramachandran
(Expert) 16 September 2011
You have to make an application to the Tehasildar concerned for grant of legal heir certificate. Along with the application, you have to attach one copy of your mother's Death Certificate. In the application form, you have to indicate the name of the legal heirs, age, relationship with the deceased. After verification of the facts given in the application, the Tehasildar will grant you a Legal Heir Certificate.
Based on the said Legal Heir certificate, you have to apply for mutation of your names in the records.
The Tax receipts mentioned by you are not enough to grant ownership of the property in your name.
Only you two - i.e. your brother and you are the legal heirs of your mother. Except you nobody else (including the children of your brother etc.) have no right over the property and they cannot claim any share in the same.
Querist :
Anonymous
(Querist) 17 September 2011
Thanks to Mr. SIngh and Mr. Ramachandran for the response.
WE just checked that we have a registered will signed by my grandmother stating that she is relinquishing the mentioned property to my mother. We also found an affidavit from my maternal uncle (mother's brother) relinquishing his claim on the property but this seems to be a copy and is not on a stamp paper.
1. Is it possible to get the original affaidavit signed by my mother's brother from the tehsildar?
2. what is the procedure to retrieve all the registered documents associated with this property?
Thanks in advance for your replies.
Br,
Hema.
prabhakar singh
(Expert) 17 September 2011
1. Is it possible to get the original affaidavit signed by my mother's brother from the tehsildar?
Answer::
It depends,the court records are also weeded out according to relevance of time,they may are may not be found,you need to inspect the original file,if it is there ,then you can apply for a certified copy,original can not be handed over to you,they are part of public record.
You are also advised to check your own copy document once again to verify that if a certified copy then it is okay,you need not re apply.
2. what is the procedure to retrieve all the registered documents associated with this property?
Answer:::
you need to inspect tehsildar/revenue court records room files of your plot /land/property and also sub registrar books of registration of the area from past
years which may be origin of source of title to you in your anticipation .
R.Ramachandran
(Expert) 17 September 2011
You said that the property is in your mother's name, who has since died.
If that be so, only the legal heirs are entitled to inherit the property - i.e. you and your brother. This being the case, why do you want to bring in your uncle i.e. your mother's brother inbetween unnecessarily? If you have any other thing in mind, better come out so that one can address the issue.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
1. YES.
2. NO.
3. U R joint owners of the property. Only the original deed by which your grandma got title will do. The rest will be taken care of by the mutation of name which U have already done. Alongwith the Death Certificates & the genealogical table U will be able to prove title.
