Shekhar (consultant) 17 April 2013

Transfer of property to family members

Hi Experts,

My father expired 3 years back. Our house (Hyderabad) is under his name. Our family consists of my mother and elder brother. We want to transfer the property to our name including my Mother, Me and my brother. My question is how to transfer and whats the process. Is succession certificate is must by approaching local courts? Or Survivor's certificate or legal heir certificate (which will be issued by local MRO) will do? What are the available options before us?

Thanks for your help

Regards

Shekhar.

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2 Replies

Advocate Sastry (Advocate) 17 April 2013

Dear Shekar,

As there is no will, the legal heirs will have to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in. A notice will then be given by the court to you – the legal heirs; and an ad will also be published in the newspaper. The court will then take a time of around 4-6 weeks, where the court will wait for objections to the inheritance, if any, from others. After that the court will pass a succession order certificate. The party concerned, i.e. you, will have to give judicial stamp paper of sufficient amount prescribed by the court fee structure to the court. Regarding stamp duty you can contact your nearby advocate

ahmed saeed ghanchi 23 October 2015

WE ALL LIVE IN UK,MY BOTH PARENTS HAVE DIED IN UK,THEY HAVE APROPERTY IN INDIA,WHICH WE WANT TRANSFERED YO US,WE ARE 5 BROTHERS & 1 SISTER,THE PROBLEM IS ONLY 3 BROTHERS WANT THE PROPERTY ON THEIR NAME,THE OTHER 3 ARE NOT WILLING,CAN THE TRANSFER GO AHEAD?I HAVE BEEN ADVISED TO MAKE A AFFIDAVIT,PEDIGREE,AND PANCHKYAS/PEDIGREE,PLEASE ADVICE?