Procedure for becoming sole owner by inheritance

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
My father expired intestate and left a property behind. The legal heirs are my mother, my brother, and myself. My mother and brother wish to relinquish their share of the property to me. The property is currently registered in my father's name.

What is the procedure for making myself sole owner? Is it necessary to obtain a succession certificate from the court, or is there a simpler procedure for a legal heir to become the new sole owner?

Thanking you,
Prakash

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Devajyoti Barman (Expert) 19 October 2010
I think they could make a deed of relinquishment in your favour whereby their equal undivided share would be relinquished in your favour. Alternatively you could also get a deed of gift executed by them whereby their undivided equal share share would be gifted to you.

Querist : Anonymous (Querist) 19 October 2010
Thanks Mr. Barman.

One further question: once a relinquishment or gift deed in my favour is executed and notarized, does it need to be registered with the sub-registrar so that my sole ownership can be consolidated and noted in the official records? And if I wish to sell the property as the new sole owner, the buyer will ask for proof of my ownership. Currently, the sale deed is in my father's name and I wish to have a document that supersedes this and reflects the new owner's name. Is the duly registered gift/relinquishment deed in my favour sufficient, or should some other document be obtained that is the equivalent of a sale deed? I heard from some people that legal heir certificate and succession certificate alone can be equivalent of sale deed for the purpose of proving ownership. But the court procedure for obtaining a succession certificate takes a long time.

Kirti Kar Tripathi (Expert) 19 October 2010
every deed pertaining to property of more than of rs. 100/- is registration is compulsory. thus deed of relinquishment must be registered.