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What type of deed is ti be made

Querist : Anonymous (Querist) 27 June 2021 This query is : Resolved 
The property is in the name of my mother and father. Both have expired. No will or other deeds are made. We are 4 legal heirs. All had made a mutual consent to give the property to me for some some money for their share. What type of deed is to be made and get the property transferred to my name.
Please suggest.
SHIRISH PAWAR, 7738990900 (Expert) 27 June 2021
Hello,

First you have to get legal heirship certificate from court. Thereafter your other siblings can transfer their share by executing release / settlement deed in your name.
Advocate Bhartesh goyal (Expert) 28 June 2021
Obtain legal heirship certificate from competent authority after that your siblings may transfer theIr respective share by executing registered relinquishment deed in favour of you.
J K Agrawal (Expert) 28 June 2021
Respectfully I say that "Legal Heirship Certificate" is not provided by any Court.
I do not know any such law in India which having provision of obtaining Legal Heirship Certificate".
Without any such certificate you are owner of property.
Just write down Relinquishment deed or a partition deed. The both require some smartness in drafting otherwise it will be treated as "Transfer" and you shall have to pay stamp duty just like sale. .
kavksatyanarayana (Expert) 28 June 2021
The other legal heirs may relinquish their rights over the property in your favour. Consult a senior Document Writer or a Lawyer who drafts documents of your area to draft the relinquishment deed.
T. Kalaiselvan, Advocate (Expert) 30 June 2021
The process of transferring other shareholders shares in the property to your name can be done by rest of the others executing a registered release deed relinquishing their rights in the proeprty with or without consideration.
Alternately a family partition deed can be drawn making four schedule of properties with one schedule consisting the property to be allotted to you and the other three schedules containing the amount you would be compensating to the other legal heirs, get the partition deed registered after which you will become an absolute owner of the entire property left behind by your parents upon their intestate death.

R.K Nanda (Expert) 01 July 2021
Other LRS must execute registered release deed in your favour.
Hemant Agarwal (Expert) 01 July 2021
AGREE that proper Stamp Duty paid & Registered RELEASE DEED may be duly executed by Class-I legal heirs in favor of other class-I legal heir only.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com
Dr J C Vashista (Expert) 02 July 2021
Legal heir-ship is called "Surviving Member" in Delhi, which is issued by Area SDM, some state have authorised Tehsildar to issue the certificate.
I agree with the experts opinion and advise other 3 surviving members of deceased titleholder has to get joint Relinquishment Deed registered in your favour.
P. Venu (Expert) 03 July 2021
Yes, a partition or settlement deed could be executed with the other joint holders relinquishing their rights and interest in the property. To my knowledge, at least in the State of Kerala, succession or legal heirship certificate is not a pe-requisite in executing such a deed.


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