Transfer of property from deceased father to my mother

Ranjan (Querist) 11 December 2013 This query is : Resolved
Hi,
We have a property which is in my father's name who passed away in September'13. This is my father's self earned property and he did not made any WILL.Now I want to transfer this property to my Mother's name. please advice what would be the proceedure to get this property to my mother's name.

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BAALASUBRAMANNYAMM (Expert) 11 December 2013
Take a Legal Heir Certificate from Tehsildar of your locality in favour of your mother and sons and daughters, who are the legal heirs of the deceased your father. If the said property is landed property, then incorporate your names in revenue records, as owners of the said property.

Ranjan (Querist) 11 December 2013
like i am the only son and have 4 sisters. and i want to transfer property from my Father's Name to my Mother's Name only. what would be the proceedure then.

Guest (Expert) 11 December 2013
As well advised by the above expert in the transfer deed the other legal heirs could mention their no objection in getting it transferred to their mother's name and the transfer deed should be registered in Registrar office But with out the consents of your sisters you cannot do that

Raj Kumar Makkad (Expert) 11 December 2013
Well advised by experts so no more to add.

Ranjan (Querist) 12 December 2013
But i have heard that if the property is self earned then no objection from children is not required to get that transfered from deceased to his/her spouse. whereas if the property is ancentral then everybody will have their share in that. i am little confused....moreover my sisters are foreign nationals in USA & UK then how will i get no objection from them..?
please advice..

Guest (Expert) 12 December 2013
First you make sure even if the property is self acquired by your father unless he had executed any Will or gift deed or settlement deed all the Legal Heirs willbe entitled for equal share in the property.If some of the legal heirs are out of country they could execute power of attorney from where they are either in your favour or some body specifically mentioning the purpose of it and it is acceptable.For more guidance contact the Registrar office of your Jurisdictions.The power of attorney could be notorised in the country where they live and Indian Embassy there also would assist them regarding the same Also ensure if any of your Father's grandchildren are major their consent is also must

Raj Kumar Makkad (Expert) 12 December 2013
All other legal heirs of your father can register a relinquishment deed in favour of your mother qua their own shares. Your sisters residing abroad, can appoint any person of their trust as their GPA by the help of Indian High commission/embassy situated in those countries.

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