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How to transfer or sell my fathers property,after his demice

Querist : Anonymous (Querist) 23 March 2011 This query is : Resolved 
Hi,
My father had owned a residential plot, self aquired from a developer in Gurgaon in 1995. He had already paid all the installments,leaving a couple of small maintainance charges, that i would pay now and hopefully get a possession letter or something similar.

Now about 6 months back my father expired without leaving a Will and I want this property to be trasfered onto my mothers name.

Since there is no Sub Registrar/ Registery of any kind involved, what would be the best procedure to have this property transfered.

And if my mother wants to sell this property, would she require to get a registery done or need a sucession certificate or other documents.

Please Advice!

Thanks.
Now 6 months back my father expired without a Will and I want the property to be transfered on to my mothers name.

th
A V Vishal (Expert) 23 March 2011
Ask the developer to replace and include your mother's name in place of your father(since the property is assumedly not registered)
R.Ramachandran (Expert) 23 March 2011
Yes, from the way in which you have given the facts, it appears that the property has not so far been registered in your father's name. All the legal heirs [you, your brother(s) and sister(s)] may give a consent letter to the Developer to register the property straight away in your mother's name (instead of in your father's name - since he is no more).
This should solve your problem. THE DEVELOPER WILL EXECUTE A SALE DEED IN YOUR MOTHER'S NAME WHICH HAS TO BE COMPULSORILY REGISTERED WITH THE SUB-REGISTRAR'S OFFICE. If you do not get the property registered, then your mother will not get proper title to the same.
G. ARAVINTHAN (Expert) 23 March 2011
All the legal heirs of your father can jointly sell the property
Jitendar Kumar gupta (Expert) 24 March 2011
you and your mother became the co-owner of the property. if you want the property in your mother's name then execute a relinquishment deed in favor of your mother . If you want more call at 9868529732 or mail at : guptajkin@gmail.com


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