Transfer of property right
mahesh babu
(Querist) 02 October 2017
This query is : Resolved
how to change the property name from father to son when the both parents were dead...is it relinquishment deed and legal certificate are enough to change the name
Kumar Doab
(Expert) 02 October 2017
It is believed that all involved are Hindu.
And both Father and Mother have not left any valid WILL.
Who died 1st; Father of Mother?
What is nature of property for Father; self acquired/ancestral?
What is nature of property for Mother; self acquired/absolute?
What is source of property for Mother; devolved from Parents or Husband or it is self earned/acquired/absolute?
Confirm!
Kumar Doab
(Expert) 02 October 2017
In case of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed, the 1st right is of ClassI legal heirs.
In case he has not left a valid WILL then it would be simple matter of inheritance; ‘Intestate Succession’…………. ..
And his estate/property shall devolve equally upon his ClassI legal heirs i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………….. and they get equal share.
Kumar Doab
(Expert) 02 October 2017
In case of Hindu woman the nature and source of estate/property matters.
If the estate/property is absolute/self earned/self acquired in the hands of deceased Hindu woman the 1st right to inherit equally is of ; Husband (if alive as on date of death), sons and daughters………….
If the property has devolved from husband then 1st right to inherit equally is of; sons and daughters………….and if they are not present then legal heirs of Husband.
If the property has devolved from parents then 1st right to inherit equally is of; sons and daughters………….and if they are not present then legal heirs of Father.
Kumar Doab
(Expert) 02 October 2017
The forms/procedure to update of inheritance; ‘Intestate Succession’…………. ..in mutation records of authority under whose jurisdiction property falls is available in O/o Authority and might also be on IT’s website.
Death Certificate, Legal heir certificate are basic requirements.
Submit requisite docs and get the inheritance recorded and obtain updated copy of mutation records showing ownership by inheritance in the name of legal heirs.
Thereafter any legal heir by his/her sweet will can dispose his/her share in favor of any Co-sharer e.g; Son as in your query, by a valid/registered deed e.g; Relinquishment/release/transfer/gift/sale deed……………
The stamp duty/fee for any deed is state subject and might be waived off/negligible in case of blood relation/relatives……………….
You may check locally at SRO, senior deedwriter………….The latest notifications are available there. The details of duty/fee might also be available at website of authority in state.
Rajendra K Goyal
(Expert) 02 October 2017
Apply to the revenue authority enclosing the affidavit and the death certificate to enter the mutation.
P. Venu
(Expert) 03 October 2017
The property is jointly vested with the legal heirs. They need to execute a settlement or partition deed and thereafter get the mutation carried out in the revenue/municipal records.
