Transfer of property after father's death


Hello,

My father, a Christian, owned a property in Kerala. He passed away in 2012 without making a will, leaving behind his wife, 2 sons and 3 daughters. My father had intended for the property to go his two sons. My mother and my 3 sisters are willing to relinquish any claims to the property. We have been paying the property taxes in our father's name since the time he passed away. 

Can someone please guide me on the steps that need to be taken to have the ownership of the property transferred to me and my brother? I believe we will need sworn affidavits from our mother and all 3 sisters relinquishing their claims to the property. Is it just enough to do the mutation in the land revenue records with the village or do we need to execute some sort of a deed and register the same with the registrar? Greatly appreciate your valuable guidance.

Thanks,

Joe

 
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LEGAL

You need to make relinqushment deed where all the other co heirs will relinquish their share in your favour. You need also to get legal heir certificate 

 
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Advocate

The property is already vested with all the legal heirs. They can join together and execute a partition deed. Relinquishment could be through the recitals in the same deed. 

In Kerala, the document writers can take care of all the aspects. Partition deed invites only nominal stamp duty.

 
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Retired Manager

Get a Partition Deed drafted by an experienced Lawyer or Document Writer,  wherein relinquishment by Mother and Sisters is to be covered and shares of Sons can be specifically mentioned. All legal heirs to sign the document. The document need to be Registered.

 
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Lawyer

Well analysed, opined and advised by experts, i agree.

 
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