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K P KUNHAMBOO P T KANNAN   10 September 2018

Property transfer from father to a son

Dear Sir/Madam, I will really appreciate your kind help on the agricultural land matter below. My father passed away in india in 1998. He was born in India, became Malaysian Citizen, and later during his old age he went back and retired in his village in Kerala for 20 years, and died there. He owns a agricultural property which is under his name in Kerala. Most of the children are residing overseas, but one son who is a malaysian (has a OIC Card) married in India, and his wife (indian citizen) children are residing in that property now. My mother an Indian citizen, also passed away in 2001. She also has a small piece of land yet to be transferred. We have paid all annual property dues without fail. Now all children have agreed to transfer the lands of both my father and mother as a gift to the brother who is married in India . I will appreciate if you could kindly let me know the procedure for transferring the land to my said brother. What are the documents I will need to execute in Malaysia before I submit transfer application to concerned offices?. Please also appeciate if you could let me know where should the application to be submitted in Kerala. How long the whole process will take. Can I submit for both transfers in one application or should I do it separately.? In this regard, should I appoint a lawyer or can I do it myself with a few visits? If I appoint a lawyer what is the normal fees for the whole process till transfer of the property is completed, and time taken. Your guidance will be much appreciated. Your help will expedite the whole process by following the correct procedures. Regards K. Kannan (One of the Son of the deceased, Hold OIC Card)


 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     10 September 2018

Dear querist,

All the legal heirs will execute release deed in favor of brother whom they want give property.




Deepak Joshi & Associates


Mb/whatsapp +919456777600

R.Ramachandran (Advocate)     10 September 2018

1. Regarding your father's land:  Your brother in India has to apply for and obtain a Legal Heir Certificate from the Tehasildar of the locality.  In the Application, he has to enclose the Death Certificate of your father and mother. He has to give all the names of the legal heirs of your deceased father i.e.  all the brothers with their age details, including the brother's details who is in India.  For this, your photographs, identify proofs etc., would be required.

2. After verifying the facts, the Tehasildar will grant the Legal Heir Certificate.

3. Once Legal Heir Certificate is obtained, then each one of you have to give a separate Relinquishment Deed (Compulsorily Registered with the Sub-Registrar's office where the property is situated).  But, being Citizens of other country, probably you would be able to get the Relinquishment Deeds endorsed/embossed by the Indian Embassy and that should do. (This aspect has to be got checked up).

4. On the basis of the legal heir certificate and Relinquishment Deed, your brother in India will be in a position to get the property mutated in his name.  (He should always carry with him the original title deeds of the property, the legal heir certificate and the Relinquishment Deed).

K P KUNHAMBOO P T KANNAN   12 September 2018

Dear Sir,

Many thanks for the clear guidance on how to proceed with the property transfer.  Regarding endorsement of Reliinquishment of Deeds, instead of seeking endorsement from the Indian High Commission,  which is 400km from my home, can I get it Notarized by a legal firm in my area?

I found out that my father's property title is misplaced , in this case what is the procedure to search and seek a copy of the title. Which Office in Kerala should I lodge to get a replacement copy.  what are the documents will be needed to get a copy of the title. 

Your help and guidance will be much appreciated.


K. Kannan

R.Ramachandran (Advocate)     12 September 2018

Notarisation (equivalent to attestation) will not do.  

You have to apply for Encumbrance Certificate of the Property by giving details like House No., Street name etc., of the property by applying to the Sub-Registrar's office in whose jurisdiction the property is located.

Once you get the E.C., it will indicate in whose name the property is and as per what document.  Based on that, you can apply for certified copy of the document (as detail of the last document will be available in the E.C.).  You have to apply for certified copy from the same Sub-Registrar's office.

K P KUNHAMBOO P T KANNAN   15 September 2018

Dear Sir,

Many thanks for the step by step  process  for the property transfer. Very helpful and much appreciated.  

One question, do we need to appoint a legal firm to undertake this transfer process or can I do it myself. How long this transfer process will take  if I do it myself.  Your reply will be appreciated. 


K. Kannan


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