Transfer Grandmother's Property After Death: Legal Guide

Sumeet (Querist) 24 April 2020 This query is : Resolved
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Raj Kumar Makkad (Expert) 25 April 2020
1 By producing the death certificate alongwith an application supported with an affidavit of all legal heirs of the deceased before the revenue officer of the area.The details of the land are also required to be mentioned. If any legal heir of the deceased has expired then the legal heirs of such deceased legal heirs shall replace the deceased legal heir.

2. Yes if you have exact particulars. Otherwise this certificate can be obtained from the office of Registrar Birth & Death of the area wherein your granmother had expired and the event of death was got incorporated.

3. Yes.

2.

Sumeet (Querist) 25 April 2020
Ok sir, Thank you...

P. Venu (Expert) 25 April 2020
The facts posted are less than convincing:
- Have you discussed the matter with your father/mother?
- How could the lands be transferred in the name of your 'parents' - it could either be your either father or mother and the respective legal heirs?
- How is that the property is ancestral?

KISHAN DUTT KALASKAR (Expert) 25 April 2020
Dear Sir,
I agree with the opinion of Expert Raj Kumar Makkad

Rajendra K Goyal (Expert) 25 April 2020
You asked:
Q1. How to transfer this land in the name of next generation (my Parents).

Reply:
Apply to the concerned Revenue Authorities, complete the required formalities and get the mutation / names entered.

Rajendra K Goyal (Expert) 25 April 2020
You asked:
Q2. Is it possible to get Death certificate of my grandmother who died 25 years back through RTI today?

Reply:
Yes, where she expired, know the approximate date.
i) If expired in some hospital, the information to appropriate authority must had been send by them, find the date, apply with prescribed (nominal) fee and get as many copy of the certificate you need.
ii) If expired at home and the information was sent to appropriate office (birth and death Registrar), apply for death certificate with prescribed charges (generally nominal). You can ask for more than one certificates.
iii) If the information was not sent at all, ask for the procedure from birth and death office applicable for delay recording, proceed.
Birth and death Record are generally kept by Municipal Authorities in cities, in some villages by Panchayat while generally the fact of death is reported by Village Chowkidar to Police Station and the Record is kept there. State Rules are applicable in such case.

Rajendra K Goyal (Expert) 25 April 2020
You asked:
Q3. If I am not able to get the death certificate, then Is it possible to make death certificate by taking court order today?.

Reply:
Yes. However, if the record of death is available with concerned office, it would be issued on application and fee without difficulty.

Raj Kumar Makkad (Expert) 26 April 2020
Thanks respected Krishan Dutt ji for agreeing with the reply.

Sumeet (Querist) 26 April 2020
Thank you every one...

Sumeet (Querist) 26 April 2020
Thank you for detail explanatiom

Raj Kumar Makkad (Expert) 26 April 2020
Most welcome Sumeet from side in the event of any eventuality.

Dr J C Vashista (Expert) 26 April 2020
It is unbelievable that the land is not transferred/ mutation sanctioned in the name of LRs of deceased for the last 25 years, which is automatically transferred in the name of legal representatives of the deceased on the report of Halka Patwari, did you inspect revenue records of subject land ?

Rajendra K Goyal (Expert) 27 April 2020
As mentioned by the querist in his query:
"I went to the revenue office and checked the documents. This land is still in my grandmother's name."

It means the mutation has not been entered.

Under the circumstances, it is advised to contact the revenue department, apply for sanction of mutation.

Raj Kumar Makkad (Expert) 27 April 2020
Respected Vashishtha Sir

It is not automatic that the death event is entered in the revenue record through patwari rather the beneficiaries or the legal heirs have to ensure such entry otherwise the record goes on unabted till any need arises to the legal heirs.

Rajendra K Goyal (Expert) 28 April 2020
Since the procedure, documents, language, affidavit etc. may differ from state to state, broad guidelines are similar hence Revenue department / local patwari has to be contacted.

P. Venu (Expert) 28 April 2020
Thanks, Mr. Goyal - Repeated postings are better than the multiple postings.

Rajendra K Goyal (Expert) 28 April 2020
Sorry, the post was repeated due to technical / internet problem, Inconvenience is regretted.

How to transfer of grandmother's property if she expired ?

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