90,000+ Legal Questions Answered

Sale of property Sale of property

6 months ago

My father died without will and nominee. How to transfer property to my mother's name and sell the property

Kishan Dutt Kalaskar

Responded 6 months ago

View All Answers
A.Dear Sir,
You have to check with concerned local authority like Municipality and as per their advise you have to produce documents like (1) Death Certificate of your father, (2) Family Tree, (3) NOC from other family members saying that they have no objection for transferring the property in the name of mother.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 6 months ago

View All Answers
A.Dear Client,
The law of succession or inheritance is governed by the Hindu Succession Act, 1956 and the Indian Succession Act, 1925, As per Hindu law of inheritance, on the demise of the property owner intestate, i.e, without any will, all the surviving legal heirs are entitled to an equal share in the said undivided property. On receipt of the Legal heirs' certificate in compliance with the statutory formalities from the concerned Competent Authority, i.e, Municipal Authority, Tehshildar, you need to apply to the Land Revenue Deptt in compliance with statutory formalities for the issue of individual Parcha/Certificate showing individual share in respect of all the surviving legal heirs of the said undivided property. On the basis of said certificate of the Land Revenue Deptt. all the legal heirs need to execute and register either a Deed of Relinquishment or Deed of Gift in favour of your mother to make her the sole owner of the said property for the purpose of selling the property to others. Reach out to an Advocate for further guidance and steps.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

View All Answers
A.Dear Client,

The transfer of property after a person’s death is governed by the laws of succession and inheritance. The first step is to identify the legal heirs who will inherit the deceased person’s property. It is determined by the personal laws applicable to the deceased person’s religion.

To establish your mother's legal right to inherit the property, you will need to obtain a Legal Heir Certificate. You can apply for this certificate at the local Tehsildar's office or municipal authority. You may need to provide documents such as the death certificate of your father and documents proving the relationship between your mother and your father.

A Succession Certificate is another legal document that is essential for transferring property in cases of intestate succession. You will need to file a petition in the relevant civil court to obtain a Succession Certificate. The court will consider your mother's claim as the legal heir, and if it is satisfied, it will issue the certificate.

Once you have the Legal Heir Certificate and Succession Certificate, you can approach the local sub-registrar's office to initiate the property transfer. You will need to fill out the necessary forms and provide the certificates along with other required documents, including the property title deeds and a no-objection certificate from other legal heirs. You will need to pay the stamp duty and registration fees, which are determined based on the property's market value and location. It is important to check with the local sub-registrar's office for the specific fees and taxes applicable to your case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDecree by court i r o Specific PERFORMANCE of contract agreement
Dear Sir, It is a disputed issue which has to be decided again by the Civil Court and you must seek cancellation of such judgment since you are in possession of regular Sale Deed before judgment was p...
question iconProperty and Home loan
Dear Sir, It is a complicated issue. Now a days you cannot believe even the family members. If you go legally it will take years together. If there is possibility take possession of some part of the h...
question iconRemove co owner from FLAT BBA if he is not giving his consent
Dear Sir, You have to get issue a legal notice to remove co-owners name as it was only for name sake as there was no contribution from him. If builder did not do that then you have to approach Civil C...
question iconLand dispute
Dear Sir, Approach Civil Court and get permanent injunction against him as he is unnecessarily interfering with your legal possession. If anything is encroached by you it has been perfected by way of...
question iconPartition suit - Rent being given to Non legal heir
Dear Sir, My answers are as follows: 1. How do I recover this 50% money which is being transferred to my aunty? Aunty is not the legal heir. My brother and I are legal heirs. Ans: Your aunty is a str...