Transfer of share

shyam lal (Querist) 04 February 2024 This query is : Resolved
Immovable property is registered in the name of husband and wife self aquired.
Query if one of the share holder expires .Just by obtaining the death certificate would transfer of share takes place or what is the proper legal procedure for transfer of share.

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When one co-owner of self-acquired immovable property passes away, their share doesn't automatically transfer with just a death certificate. The deceased's share devolves to their legal heirs. To transfer this share, a legal heirship certificate is required. Subsequently, the surviving co-owner can obtain a registered release deed from the other legal heirs to become the sole owner of the entire property.

kavksatyanarayana (Expert) 04 February 2024
A legal heir certificate from the Tahsildar concerned is necessary and NOC from the other legal heirs shall be obtained.

T. Kalaiselvan, Advocate (Expert) 09 February 2024
If one of the shareholders is reported to have died intestate then the share of the deceased shall devolve on all his/her legal heirs.
Therefore a legal heirship certificate can be obtained after which the surviving shareholder can get a registered release deed executed by the other legal heirs to make the surviving shareholder an absolute owner of the entire property

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