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Roop (NA)     16 May 2011

How to transfer the ownership of house in my mother's name?


The House which was in my father's name and now that he is no more how can it be transferred in my mother's name. The house is located in India in Gujarat State - Ahmedabad city.

Right now me, my younger sister, my younger minor brother (14 year old) and my widowed mom stay in the same house.

My father passed away 2 years ago. He took housing loan and was paying monthly installment and when he died, loan payment was pending, so we paid remaining loan amount from his PF amount and settled all the account so now we dont have any debt. The finance company which granted us loan returned all the papers of house on the full payment of loan.

Now my question here is how do we transfer the house in my mother's name. We receive light bill still in father's name so what can we do so that it comes in mother's name?

FYI - My father didn't left any WILL so I think by default the house will belong to my mother but what legal procedure we have to follow to get the house transfer in her name.

Please give me advice. I posted my question here so that I can get good advice as to what legal procedure we have to follow to transfer the house in my mother's name.

Thanks for your reply.


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2011

Afterthe death of your father succession opens.  All the surviving membeers i.e., wie of the deceased, sons and daughters and mother of the deceased will be the successors.  If you want to transfer the property in your mother's name  all the legal heirs will have to execute the regd., rights relinquish deed in favour of your mother.  It is the legal way. 

1 Like

Roop (NA)     16 May 2011

Thank you very much Mr. Rajeev for your reply,

I have few more question,

1) My brother is minor - 14 year old so is he eligible to execute the release deed in favor of my mother. If not what is the other way round? Since he is minor and my mom is his guardian is there any necessity for him to execute release deed in favor of my mother?

2) If no. 1 is not possible then I think we all legal heirs will become joint owners of the house because I dont think after reaching adulthood my brother would agree to execute release deed in favor of my mother. In such condition, can my mother atleast get the power of attorney of the house, if so how and what are the advantages of having power of attorney.

3) Now if me, my mother and siblings all are legal heirs of the flat and stay and share the same house, in such condition if my brother grow up and get married can he and his wife kick me or my mother out of the house?

4) Suppose one of the legal heir became tantrumatic or abusive and it is impossible to stay under one roof, say for eg: if in future my brother and his wife abuse me or my mother what legal steps can we take to kick him and his wife out of the flat currently we are staying in? However on sale of flat everyone would get his/her share but because of abuse if it is not possible to stay under one roof, then can rest of the legal heirs take some legal steps to kick the abusive legal heir out of house till the sale of flat proceed?

5) Now there are 4 legal heirs (my mother and we 3 siblings) so each get 25% share on the sale of the house. And if my mother dies then I think her share 25% would be eqaully divided between us 3 siblings. Same way if either me or my sister dies before we get married then I think our share would be divided between rest of the legal heirs.  BUT can my mother and my sister make any such WILL that if they dies before the sale of the house proceed then their share of 25 % on the flat left by my father would soley inherited by me. i.e. after death, can I became sole legal heir of their share. For eg: if my mother dies before the sale of the flat proceed, then after her death if we 3 siblings decide to sell the flat then I would get 50% share in the flat as my mother made me legal heir of her share, i.e. I would get 25% extra, while my other 2 siblings get 25% each.

But question is, Is this possible, since we all are joint owner of the house, can anyone of the legal heir give up their share to any other legal heir, for eg: can my mother legally make WILL that if she die before sale of flat proceed then her share of 25% would solely go to any one of her daughter (eg - me) instead of being divided between her 3 children.

P. S. - I am divorcee, if I find a good partner and have safety in my married life, then I myself would give up my share to my brother and mother while my sister would do the same. But my life is uncertain and if I cant find good partner then I want my safety for future. My mother and sister also want my safety so they want to make me a legal heir of their share of the flat left by my father, but is it possible for them to make me a legal heir of their share in the flat, if it is possible do they have to make a WILL or follow any other legal procedure?

Please reply my above question. I will be very much thankful to you.


Om Prakash Dhusia (HR assistant)     16 May 2011

Dear Roop:I think in all the cases the best solution would be, first get the succession to your mother's name and afterwards she can give its share to each occupant by dividing it equally and then registering it on individual's name.

You are correct in exhibiting those probalities because nobody knows what is stored in the future.

Succession certificate can be had from Session court and act accordingly as rightly suggested by Mr.Rajoo but afterwards you can opt as I have opined if you wish so.

Consult a good lawyer to do the needful, it would not cost you much to get succession certificate.


archit gupta (finance executive)     15 January 2012


my father bought a house in ahmedabad which is under my mother's and my name. however i'm shifting to Pune and for some reasons I want to transfer the ownership of house to father and elder brother.

kindly appraise me for the steps required to execute this task with minimal fees and time consumption.

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