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Transfer of property from deceased mother to son

Respected Sirs,

At first I would like to thank the club to provide me this facility to raise my clarifications for best solutions.

I reside at Ludhiana, my father had constructed a house in 2007 and get it registered in the name of my mother. Unfortunately, my mother expired in the year 2014 without any will. One of my sisters was also expired in the year 2013. Now, we are three siblings, i.e. my father, my married sister and me.

The issue is, my sister & father both are willing to provide NOC for transfer of property to my name & I do not have the death certificate of my expired sister.

PLEASE GUIDE ME HOW CAN I GET THE HOUSE TRANSFERRED INTO MY NAME WITH AVAILABLE DOCUMENTS.

Regards

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4 Replies

Dalip Singh (Advocate) 12 February 2015

Dear Gulshan,

Go to the office of concerned Sub Registrar where the sale deed in favour of your mother was executed & registered and get a relinquishment/release deed executed from your lawyer in your favour from your father and sister and get registered the relinquishment deed registered in the office of Sub Registrar. In this way, you would become the owner of the said property by way of relinquishment deed read with sale deed executed in favour of your mother in 2007. For this you all i.e. yourself, your father and sister have to remain present before the Sub Registrar a/w your ID card and death certificate of your mother. The fact regarding the death of your deceased sister will be reduced in writing in the relinquishment deed but you have to make arrangement for her death certificate. Consult you local lawyer.

Gayatri P Man (Not Applicable) 12 February 2015

Since your mother died intestate, your father, your married sisters and you all four are the class I heirs. Further, one of your married sisters is also expired, so you have to obtain NOC from her legal heirs (her spouse, children if any) as well along with the NOC from your father and another married sister.