release deed followed by name transfer of house ? release deed followed by name transfer of house ?

5 years ago

instead of getting court succession certificate, is it economical to get release deeds from my son and married daughter to grant release deeds in favour of my name and then using those release deeds can i transfer the property in my name and then sell the house of my expired mother-in-law, as my husband died before the death of my mother-in-law ? can release deeds and name transfer in my name solve the issue soon instead of succession certificate for our immovable property house of my expired mother-in-law ?

Ravi Bhushan Pd Sinha

Responded 5 years ago

A.No release deed or succession certificate is required to sell the property. Your son and daughter can jointly sell the property ,as they have inherited the property as surviving legal heir.
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Ashish K Dongre

Responded 5 years ago

A.Take paid consultation.
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Ravi Bhushan Pd Sinha

Responded 5 years ago

A.After death of your mother in law the property devolves upon your son and daughter ,as they are only surviving class one legal heir . Hence ,there is no need to get succession certificate or any release deed. The property can be sold jointly by your son and daughter any they can proceed to sell the property, as they are legally entitled .
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Anonymous

Replied 5 years ago

Sir, practically nowadays in court for the other property cases you would have handled, how many months is it taking for the succession certificate to be given by court from the date of petition by the legal heir...is it around four months or around one year later will the court give succession certificate if the property value is around fifty lakhs ?

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Ravi Bhushan Pd Sinha

Replied 5 years ago

Repeatedly I have given opinion that there is no need to get succession certificate as succession certificate is only required for movable property.Your Son and daughter are legal heir of your mother in law. They have only to take steps for mutation of name in land record and thereafter they can sell the property.

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Anonymous

Replied 5 years ago

sir, in tamilnadu ramanathapuram district, is a legal heir certificate required for immovable property sale? please say the required documents xerox copies i should have ready for mutation of property in municipal records, by my son, daughter and me jointly before going to subregistrar office for signing jointly

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Ravi Bhushan Pd Sinha

Replied 5 years ago

Now,for further guidance you will have to pay a fee of rupees five thousand through vidhikarya and only after that you will be advised properly.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.hallo sir if you want to release deed in favour of you thenthat deed is drafted by a legal expert as per the wishes of the co-owner who wants to give away his shares. For the execution of the same stamp paper is purchased.Relinquishment deed or release is one of the documents which fall under Sec 17 of the Registration Act, 1908 and hence it is compulsory to get it registered at the concerned sub-registrar office. After the registration fee is paid, both the parties and 2 witnesses visit the sub-registrar office on the fixed day for the registration of Release Deed. but you need to consider some issues that, Relinquishment of property cannot be made in favour of a person other than a co-owner. If a Relinquishment is made in favour of a person who is not a co-owner, the transaction shall be treated as a gift and would attract the same stamp duty as applicable on gift deed/ conveyance deed. A relinquishment deed is subject to a close scrutiny by the Sub-Registrar because it is often used to save the stamp duty payable on a gift deed. A release or a relinquishment deed is irrevocable even if it is made without any consideration. For a valid Relinquishment, the property in question must be owned by more than one person. Registered Relinquishment Deed is collected after a week.kindly consult with expert lawyer for drafting deed.
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Anonymous

Replied 5 years ago

sir, in online application for filing legal heir certificate through any csc common service center, under the column "Your relationship to the deseased, there are only four options namely son, daughter, wife and mother in the dropdown list of online application form...and why there is no option for daughter-in-law or granddaughter of predeceased son or grandson of predeceased son of the deceased owner.....how can i apply for legal heirship certificate if such extra options are not mentioned in dropdownlist.

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Ambrose Leo

Responded 5 years ago

A.Yes, You can sell the property in your name and title deed are in your favour,provided the buyer has no issue regarding the property in your name and transferring in his name as per the law.
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Anonymous

Replied 5 years ago

sir, after getting legal heir certificate and signing by my son and daughter in sub registrar office, can i transfer property in my name (mother).... importantly how much will it be charged for transfer of name in property records if the property value is around fifty lakhs market value of property without a will of my expired mother-in-law?

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Ambrose Leo

Replied 5 years ago

What is your area of jurisdiction,as charges various from state to state & city,metropolitan etc.

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Anonymous

Replied 5 years ago

it is tamilnadu and ramanathapuram district...how much will it be charged for transfer of name in property records if the property value is around fifty lakhs market value of property without a will of my expired mother-in-law?

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Ambrose Leo

Replied 5 years ago

You have approach the conceren local authority with the records and request as per the requirement if in order they will inform you to pay the charges., better to consult a local lawyer for all aspects of the issue for quick incorporation of your name in the land records.

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ROBERT D ROZARIO

Responded 5 years ago

A.Contact Vidhikarya for allotting a lawyer
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Anonymous

Replied 5 years ago

sir, in your opinion, how many months practically will it take to get succession certificate from court if i file a petition next month in september 2018 ? is it around four months or it may even take around one year to get succession certificate from court if the property value is around fifty lakhs and my motherinlaw died without leaving any will for her property ?

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ROBERT D ROZARIO

Replied 5 years ago

Generally 3-6 months if no other claimer comes forward otherwise it will be contested one, the time frame of which cannot be ascertained (maybe a year or so).

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Anonymous

Replied 5 years ago

sir, for mutation of property in the names of my son and daughter and myself joinly in municipal land records, how many months will it take to finally change the name title ownership in all of our names, so that joinltly we can sell the property by signing?

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ROBERT D ROZARIO

Replied 5 years ago

Depends from which State you are from. Generally it takes 15-30 days.

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