Civil Procedure Code (CPC)

Transfer of father property to son or mother

This query is : Resolved 
 

Online (Querist)
20 June 2021

my father died on 18/01/2021. he was a owner of plot in Faridabad Haryana in a colony under MCF . We are 03 married sister and myself only one son. my mother is alive . can we change this property in my mother name or myself name what procedure will simple and convenient
thanks


Advocate Bhartesh goyalOnline (Expert)
20 June 2021

If your father died intestate then the Property rights devolved to his legal heirs ( wife,son and three daughters ) equally.if you all wants the property left by your father be named in your mother then you all brother and sisters have to relinquish their respective share by registered release deed in favour of your mother.

kavksatyanarayanaOnline (Expert)
20 June 2021

Yes. As your father died intestate, your mother, you and your siblings have an equal share in the property. If you want to divide it, you can, or if you want only to change the property into your mother's name, you and your siblings shall relinquish your rights in favour of your mother and get it to be registered.

SHIRISH PAWAR, 7738990900Online (Expert)
21 June 2021

Hello,

For your father your mother, your sister and you are the legal heirs having an equal share in the property. To transfer the property in your mother's or your's name you have to first get the legal heirship certificate from the court and thereafter property can be transferred by other legal heirs in the name of the single person i.e. in your mother's name or your name. Other legal heirs can relinquish their share in the property in your mother's name or your name.

Dr J C VashistaOnline (Expert)
21 June 2021

All sisters and yourself should get a relinquishment deed registered in favour of your mother.

ashok kumar singhOnline (Expert)
22 June 2021

agreed with views of earlier experts,
thanks

T. Kalaiselvan, Advocate Online (Expert)
22 June 2021

If your father is reported to have died intestate then the properties left behind by yor deceased father shall devolve equally on all his legal heirs.
If you and other legal heirs agree to relinquish your rights in the property and make your mother as an absolute owner of the entire property, then all the legal heirs/co-sharers should execute a registered release deed relinquishing your rights in the property.
The same procedure is to be followed even if the property is to be transferred to your name alone by the other legal heirs.


Sri Vijayan.AOnline (Expert)
23 June 2021

All the members can relinquish their rights in favour of one member vide a release deed.
To support the release deed, one need the previous sale deed and legal heir certificate.
LHC is issued by Tahsildar concerned.



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