Qarrthiquoe S Aiyer 31 December 2021

Transfer of ownership from deceased mother to son

Hello, my mother passed away 30th May(2021) .My father passed away in 2019. Since I have been paying the mortgage for this house (registered in her name ) at Greater Noida, UP; my only sibling, my brother has no objection to having the apartment transferred in my name.

To this effect, my legal counsel had obtained an NOC from my brother, but to acquire the Legal Heir Certificate required for transfer of the said property, the concerned authorities (as per my lawyer) are asking for a family identity such as a Ration Card, which I do not possess.

Can someone suggest a solution to this?

Thank you.

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8 Replies

Advocate Bhartesh goyal (advocate) 31 December 2021

Obtain certified copy of election voter list of your family that will suffice your purpose.

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Qarrthiquoe S Aiyer 31 December 2021

THat's very helpful.Can you guide me on where I can get it from and who should certify this?

Advocate Bhartesh goyal (advocate) 31 December 2021

Certified copies of voter list may be obtained from office of election officer or collector office.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 31 December 2021

This elector can apply for the certified copy to their respective Election Branch or through through CSCs along with the followings:

Court Fee.
Duly filled up application form.
Any other documents (Voter ID Card, Voter slip/ Previous Voter List etc.)

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Qarrthiquoe S Aiyer 31 December 2021

Sir, can you shed some light on what CSC stands for?

Isaac Gabriel (Advocate) 31 December 2021

A relese deed from your brother will serve the purpose since the same is on your mother.You can register at the jurisdictional registrar office. Document wrter will do the needful.

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G.L.N. Prasad (Retired employee.) 31 December 2021

Only a registered settlement deed among co-sharers within the family or a relinquishment deed from all legal heirs of parents is the only legal way. Contact another local advocate for a second opinion. NOC is not sufficient for the relinquishment of immovable property and NOC can not be a legally valid title deed.