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Santosh Varma   20 June 2021

Transfer of property of deceased person

After the death of my father,I want to transfer the flat in my and mom name. What type of legal formalities do I have to go through to get it done. No will was made before his death. Since I and Mom are only one left in the family, do I need to prove that the property belongs to us?


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 4 Replies

G.L.N. Prasad (Retired employee.)     20 June 2021

Your father might have nominated some name in Society and you take into consideration and file for legal heir certificate and reduce the arrangement as a settlement deed and get it registered.  Always depend on local advocates for professional guidance.  Once there are valid documentation, you can file application for mutation and get the name change in corporation records.

P. Venu (Advocate)     20 June 2021

On the death of the father, the property has already devolved upon the legal heirs. Are the mother and the son the only legal heirs?

Dr J C Vashista (Advocate)     21 June 2021

Nomination has no role in transfer of title (ownership) of the intestate property in the name(s) of legal representatives of the deceased.

Obtain legal representative / surviving member certificate from area Tehsildar / SDM.

Get the property mutation sanctioned in favour of legal representative, both of you, if no other claimant is there. At the time of mutation you or your mother can relinquish your / her share in favour of other co-sharer..

 

T. Kalaiselvan, Advocate (Advocate)     22 June 2021

Upon intestte death of your fatehr, the property now lying on his name shall devolve equally on his legal heirs.

Since you and your mother are the only legal heirs to your deceased father, the proeprty already belongs to both you of automatically.

However you may have to get the revenue records transferred to your names jointly by submitting an application to the concerned revenue department along with the copy of the death certificate and a copy of the legal headship certificate, 

The Tehsildar/SDM may, after verification, accord sanction to transfer the name from your father to both your names,

Subsequently you can get the names transferred with electricity department, water tax, property tax and also in the share certificate of the housing society.

 


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