Heir certificate required - mom died 1979

Rajamsc2003 (Querist) 19 July 2025 This query is : Resolved
Hello Team,

My father have some land in his name, he had two wife's, my mom is first and have only me and her second wife had two girl kid.. now he is okay to write all his property to me. My mom is died in year 1979.. during that period no aadhar or any other proof. Is it mandatory to get her death certificate?. Kindly clarify. Thanks in. Advance.

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If your father wishes to transfer his land solely to you, an heir certificate for your mother, who passed away in 1979, is generally not required, especially if your father is the sole owner. Your identity documents are usually sufficient for the transfer. Step-siblings typically have no claim on your father's property during his lifetime.

T. Kalaiselvan, Advocate (Expert) 19 July 2025
If your father is interested and willing to transfer his property to your name he can do it directly without the necessity to produce the identity details of your deceased mother.
Your identity card is more than sufficient for this purpose.

kavksatyanarayana (Expert) 19 July 2025
Your father's and your Aadhar cards are necessary to register a gift deed in your favour if the property is self-acquired by your father. Those are sufficient.

Advocate Bhartesh goyal (Expert) 19 July 2025
If your father is absolute owner of land then he can gift or bequeath the same to you as per his wish no any heirship certificate is required to execute the deed.

Rajamsc2003 (Querist) 19 July 2025
Thanks everyone for your reply. Just another question, my father's second wife is having two daughters. Is they can claim, if my father gift all his property to me?

Sudhir Kumar, Advocate (Expert) 20 July 2025
Death certificate of mother would have been required if she was holder/co-holder of the property.

Your father (atleast appearing from given facts) to be absolute owner and needs no document.

P. Venu (Expert) 21 July 2025
Yes. the father, if the absolute owner, can transfer or bequeath the property in favour of you. The step-mother or the step-daughters have no rights over the properties during his lifetime.

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