Transfer of property from father's name to mother name
swapnil
(Querist) 23 January 2018
This query is : Open
Dear All,
my father passed away in march-2017 without any WILL. He had one old home registered (P.R. card has my father name) under Muncipal corporation in which we are living.
Legal heirs are My mother,sister & me.
I want to transfer it on my or mother name because wanted to take home loan.
please guide me.
Guest
(Expert) 23 January 2018
First obtain Legal Heir Certificate and discuss with the Bank about their requirement and proceed.
swapnil
(Querist) 23 January 2018
Sir, legal heir certificate issuing authority??
Court or tahsildar??
Vijay Raj Mahajan
(Expert) 23 January 2018
Legal Heir Certificate can be obtained from the District Office/Tehsil office.
swapnil
(Querist) 23 January 2018
Thank you sir
Kumar Doab
(Expert) 23 January 2018
If Father was owner then succession has opened on date of death of father.
Hope you have checked the eligibility of mother for loan that is why you want to transfer in the name of mother. The lender shall look into repaying capacity of borrower(s) to sanction loan.
Mother cannot become sole owner on the strength of legal heir certificate alone.
DO all legal heirs agree to relinquish/gift/sell their share in favor of mother?
Once mother becomes title holder she can dispose the property in her life time by a valid/registered deed (subject to paying loan if any on the said house) or succession shall set in on her demise.
It is believed that all involved are Hindu.
Confirm!
Kumar Doab
(Expert) 23 January 2018
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.
So IT is not Mother alone or you alone that can decide to transfer the house on Mother’s name. Consent of all Legal heirs is required.
Since consent of all heirs is required mere getting legal heir certificate is not automatic transfer in Mother’s name.
If said house is under the jurisdiction of MC then check the need of required documents from MC. If MC is satisfied with legal heir affidavit or certification by LOCAL Municipal Councilor on prescribed format then IT can transfer on the basis of that. IT will cost you nothing. Legal heir certificate may not be required at all, for this purpose as far as MC is concerned. Rest check with MC, what is IT’s requirement.
Legal heir certificate is usually issued by O/o Tehsildar after inquiry by revenue officials say; Kanungo, Patwaari. Check LOCALLY at your location. If you wish or if you require you can apply on your own without need of any lawyer of paying any fee to any lawyer. If you indeed need IT, then also check if you can apply for more than 1 copy (certified copies) and keep these safely.
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.
You can determine the share of each legal heir accordingly and see how and how much gets vested in each legal heir.
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority shall update share as per provisions of personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.
In your case if all legal heirs agree they can also transfer/relinquish/gift their undivided share in favor of mother.
Kumar Doab
(Expert) 23 January 2018
For your purpose check with MC if they prescribe a form/format for it.
Also check the formalities with lender(s) whose requirements you may have to fulfill…..e.g; lener may ask for succession certificate….
Once you are clear on requirements of MC and lender act accordingly.
Chose the lender that is most suitable to you.
swapnil
(Querist) 25 January 2018
Sir,
recently i have consulted this issue with the lawyer(uncle's friend). But they said that only way to solve this issue is to take legal heir certificate from court only by paying stamp duty.
pl guide me on the same & stamp duty. (Aurangabad, Maharashtra)
