Property transfer from father to son without will
Property transfer from father to son without will
10 months ago
My husband expired with out leaving any will. We have to transfer one house in husband name to my sons name. We obtained legal heir certificate. Now whom should we approach
A.Hi client,
If your husband do not have a will, then after him the property rights will go to you and your sons.
Visit your local councillor or the relevant authority for a legal heir certificate in his / her authority. Get a legal heir certificate from the first class magistrate certificate. You write a no objection for transferring your share.
Visit the Municipal Corporation or the relevant authority , file the said documents along with a the death certificate and property documents(deed).
It is always advisable to contact an advocate as certain rules and regulations may vary as per the area you are in.
Thanks and Regards
An intestate property is equally shared by the surviving legal heirs of the deceased owner of the property. Until and unless an intestate property is shared or partitioned between the surviving legal heirs through a suit of partition and decree of the Civil Court, one heir cannot transfer his or her share in the property to other heirs. On the basis of the legal heir certificate obtained from the competent authority, you may file suit for partition along with other statutory documents of the property before the Civil Court having jurisdiction over the property, and on receipt of the decree of partition, you can alienate or transfer your share to your son through a registered Deed of Gift, to make your son single owner of the said property. You need to consult with an Advocate for further information, guidance and steps in this regard.
Here are the steps you can consider:
Consult an Advocate: It is advisable to consult with a lawyer who specializes in property and succession laws. They will guide you through the entire process and ensure that you follow the correct legal procedures.
Obtain Death Certificate: Obtain the official death certificate of your husband from the appropriate authorities. This document will serve as proof of his passing.
Gather Required Documents: Collect all the necessary documents related to the property, such as property deeds, ownership documents, and any other relevant paperwork.
Legal Heir Certificate: Since you have already obtained the legal heir certificate, ensure that you have multiple copies of it. This certificate establishes your status as the legal heir of your husband.
Apply for Succession Certificate or Probate: In India, you may need to apply for a succession certificate or probate depending on the specific state laws and the value of the property. These certificates provide legal recognition of your rights as the successor and allow for the transfer of property. Your lawyer will guide you on which one to apply for and assist you in preparing the necessary application.
Submit Application: Submit the application for the succession certificate or probate to the appropriate court along with all the required documents and fees. The court will review your application and may schedule a hearing.
Attend Court Proceedings: Attend the court proceedings as required. Your lawyer will represent you and present your case to the court. It's important to provide any additional information or documents requested by the court during the process.
Transfer of Property: Once the succession certificate or probate is granted by the court, you can proceed with the transfer of the property. This involves updating the ownership records at the relevant government office, such as the Registrar or Sub-Registrar of Assurances.
