Transfer of property fro father to son
Seshagiri Viswanatha Rao
(Querist) 14 June 2010
This query is : Resolved
For transfer of property after death of original title holder of th landed properties (self acquired) what documents ned to be submitted for effecting transfer of property to son
With regards
SV Rao
B K Raghavendra Rao
(Expert) 15 June 2010
It depends upon the circumstances in each case. If transfer of property is claimed in testamentary cases, succession certificate is needed. If gifted, registered gift deed is required. In non-testamentary cases, the property devolves round the successors to the deceased like wife, sons and daughters. In such cases also succession certificate is required.
Seshagiri Viswanatha Rao
(Querist) 15 June 2010
Good Morning
Dear Advocates
Thank you very much
In our case, my late mother had already sworned and filed an affidavit before the Additional Judge for Small Causes Bangalore prior to release of her family pension from Government Department in which she had mentioned as legally wedded wife and three sons and two daughters as father;s legal heirs and on the basis if this affidavit only, her family pension was released by the governmebt department and drew it till her death in May 1992 We have all document papers notarised Is it necessary to obtain legal heir succession certificate at this juncture Kindly advise further course of action in the matter My late father's landed property was a self acquired one but not gifct or ancestral property
Thank you and good day The third party (not blood related or legal heir) declared as ancestral/gift and got registered as gift settlement deed between husband and wife ikkegakky by means of fabricated and fradulent documents and these illegal land transactions have taken place after demise of late father long back in Jan 1987 It is believed that in case sale transactions both the owner of lands and purchaser needs to appear before the registering authority at the time of registration
S V RAO
G. ARAVINTHAN
(Expert) 15 June 2010
In self acquired property cases, there must be need of legal heirship certificate and consent from other members/co sharers for mutation of the property
B K Raghavendra Rao
(Expert) 15 June 2010
Swearing to an affidavit for the purpose of obtaining pension benefits is a different issue. Small Causes Court had before it the issue as to whom the pension benefits should be granted. Naturally, it has to go wife of the deceased. In connection some formalities are observed and decisions rendered.
Succession certificate is a different issue. Unless a civil court declares as to who all are the successors to the deceased, the property cannot pass on to them.
Seshagiri Viswanatha Rao
(Querist) 15 June 2010
Good Evening
DOCUMENTS FOR SUCCESSION CERTIFICATE
Kindly indicate the documents to be fubmitted for obtaining succession certificate to the Civil Court
Thanking you
yours sincerely
S V Rao
Seshagiri Viswanatha Rao
(Querist) 17 June 2010
Good Morning
The landed property was pyrchased by way self acquired property snf the original seller who sold the land was also self acquired one and free from all encumbrances Its not ancestral or gifted one Presume that legal heir certificate will suffice or is it necessary to obtain succession certificate kindly indicate
Thank you
s v rao
