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Aras Kumar   19 August 2017

property transfer to son & daughter in case of both father and mother are deceased

Hello,
I am staying in Bangalore, my father passed away in September 2012, and before that my mother has passed away in October 2004. My parents had one son and one daughter. My sister who is younger to me was married in Apr 2012. I am also married in the same year.
My father has left a property in his name. Now I want to transfer that property in my sister's name. What should I do.
We stay in Bangalore. Property is a BDA approved site.


Learning

 12 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     19 August 2017

You have to obtain legal heirshp certificate. After that you can transfer your share in property to your sister. Heir advocate.

Kumar Doab (FIN)     19 August 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     19 August 2017

In case of Hindu male the 1st right is of ClassI legal heirs i.e; Mother (If alive as on date of death), Wife (If alive as on date of death), sons, daughters......... 

Kumar Doab (FIN)     19 August 2017

If mother of father also predeceased your father then you and your sister are surviving legal heirs.

Apparently; it is simple matter of inheritance: ‘Intestate Succession’.  

The process and procedure and forms might also be available on website of O/o Authority under whose property falls e.g; MC…. Or it is certainly available in O/o Authority…………   Generically speaking: The certified copy of death certificate, legal heir certificate is basic requisites……………. The O/o Authority may transfer ownership in the name of Legal heirs.    

Obtain mutation record with all link docs It should have all docs that you need and require. .

Submit all docs as suggested above and get mutation records after updation………………

 

Thereafter you can dispose your share by a valid/registered deed in favor of your sister e.g; release/relinquishment/gift/settlement/transfer/sale deed……… 

Aras Kumar   19 August 2017

thanks for replies.
yes I am Hindu.

I have got my father's and mother death certificate, but father's mother I don't have, and she is no more.


what are the other documents required for legal heirship?

Kumar Doab (FIN)     19 August 2017

O/o Tehsildar issues it, and after inquiry by revenue officials.

Check locally.

 

Siddharth Srivastava (Advocate)     19 August 2017

You may relinguish your right in favour of your sister.

Aras Kumar   19 August 2017

what is relinguish means?

Kumar Doab (FIN)     19 August 2017

Local senior counsel of unshakable repute and integrity specializing in revenue matters having successful record can handle the matter and even a senior and honest deed writer can draft the suitable the deed for you…….

 

For simple and relevant meanings Search in dictionary, legal dictionary………

Relinquishment ; त्याग; To give up.

Transfer; in its sense as matter posted by you….

Relinquishment deed: legal document/instrument where a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person

Kumar Doab (FIN)     19 August 2017

You may go thru:

TRANSFER OF PROPERTY ACT,1882;46,53A

https://dolr.nic.in/Acts&Rules%5CTransferOfPropertyAct%281882%29.htm

 

REGISTRATION ACT, 1908

2. Definitions; (6) "immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass;

17. Documents of which registration is compulsory

https://dolr.nic.in/Acts&Rules/RegistrationAct%281908%29.htm

 

Register the deed.....and as metioned above local counsels can help you....

Advocate Bhartesh goyal (advocate)     19 August 2017

Registered relinqueshment deed in favour of your sister is best option besides the above you can transfer your share by executing sale deed/gift deed .

Kumar Doab (FIN)     19 August 2017

Check the duty/charges on various options from SRO...............

These may also be available on website of aurthority.......... 


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