Transfer of property
DARSHNA
(Querist) 23 February 2013
This query is : Resolved
How can the wife transfer the room (situated in slum area) in her name, after the death of her husband, she is having death certificate of her husband in tamil language as her husband died at town, as well as she is having photopass, voting ID, Pan Card, light bill of her husband and her identity proof is her voting ID and pan card.
Is is necessary to transfer the Death Certificate in English or local language? If yes, how can she do this?
Is it necessary that she have to take NOC of her Two sons, one of whom is married and staying separately, and her daughter is leaving with her, who is taking care of her mother, her husband has not made any will.
Please guide me.
the Property is situated in mumbai only, is translation of death certificate from Tamil to English is necessary?
Actually the said family is inhabitant of Mumbai only, but at the time of the death of the deceased, it was in town, hence they got death certificate from their town, in Tamil language.
Whether before applying to the concerned Tahsildar, the widow is required to change ration card, electrcity bill etc. in her name, or this is the next step after obtaining Legal Heir Certificate?
Please revert back as soon as possible.
Thanking you,
darshna
Anirudh
(Expert) 24 February 2013
If the property was in the name of her husband, then all the legal heirs (in this case the widow, the son(s) and daughter(s) and also the mother of the deceased if she is alive) would be entitled to an equal share in the property.
First, one has to approach the Tehasildar's office with an application for grant of Legal Heir Certificate. (The death certificate - there is no need for translation - is to be attached along with the Application).
After obtaining the Legal Heir Certificate, she has to get Registered Relinquishment Deed from her son and daughter saying that they relinquish their rights, title and interest in the said property in favour of their mother.
Now based on the said legal heir certificate and the Registered Relinquishment Deed, she has to approach the authorities for transferring the property in her name. The property will be transferred in her name.
THERE ARE NO OTHER SHORT CUTS. IF ANY SHORT CUTS ARE ADOPTED, IT WILL NOT GIVE HER PROPER TITLE.
Sri Vijayan.A
(Expert) 24 February 2013
Please do the following.
1. Get Death certificate of her husband (From Municipality, Corporation, Panchayat as the case may be)
2.Apply to Tahsildar for Legal heir certificate enclosing the death certificate and listing out the heirs.
3.Now, all the legal heirs are owners of the property. All of them can continue as owners OR if they want to change the ownership to the wife do the following.
4.Get the Release deed from all other heirs (2 sons and 1 daughter) in favour of wife.
5. Now, the wife alone is the owner of property.
6. Based on the release deed, the wife can apply for NAME TRANSFER in the property tax.
THE TRANSLATION FROM TAMIL TO ENGLISH IS NOT NECESSARY, IF THE PROPERTY IS IN TAMIL NADU.
RELEASE DEED OR RELINQUISH DEED; BOTH ARE SAME
