Transfer of Ownership after death
4 months ago
My father expired earlier this year. No will done. Want to transfer ownership of our residential flat to mother. we are 4 siblings and all ready for this ownership transfer. have sone queries regarding the process:-
1) this process to be carried out at Tahsildar Office?
2) what all papers required for submission?
3) do all 4 of us need to be present psychically while submitting application?
4) Need to submit separate application to MSEB & Property tax departments as well?
5) any other place i need to go and get this name change?
A.Dear Client,
As per the succession law of intestate property, i.e, without a Will, all the surviving legal heirs are entitled to an equal share in the said property of the deceased owner. A relinquishment deed is a legal document that transfers the ownership of a property from one person to another. It is commonly used in cases where a co-owner or a legal heir wishes to transfer their share of the property to another co-owner or legal heir. A relinquishment deed may be assigned either for consideration or with no consideration. The act of giving up one’s rights and claims in a part of a property in favour of another is referred to as relinquishing rights. The “Deed of Relinquishment,” must be signed by all parties, witnessed by two witnesses, and registration under the Registration Act is another requirement for giving up ownership of immovable property in favour of a co-owner/legal heir. If all the adult children agree to give up their rights in favour of one legal heir, your mother, then, you can go ahead with the execution of a Deed of Relinquishment which needs to be well-drafted by an experienced professional to avoid any future consequences. Thereafter you need to submit all the relevant papers of the property including the death certificate of your father, legal heir certificate issued by the Municipal authority/Tehashildar, as the case may be and a copy of the registered deed of Relinquishment executed by all the legal heirs in favour of your mother to the different authorities for change of name of ownership of the flat in their records. Reach out to an experienced property lawyer for guidance and steps.
As per the succession law of intestate property, i.e, without a Will, all the surviving legal heirs are entitled to an equal share in the said property of the deceased owner. A relinquishment deed is a legal document that transfers the ownership of a property from one person to another. It is commonly used in cases where a co-owner or a legal heir wishes to transfer their share of the property to another co-owner or legal heir. A relinquishment deed may be assigned either for consideration or with no consideration. The act of giving up one’s rights and claims in a part of a property in favour of another is referred to as relinquishing rights. The “Deed of Relinquishment,” must be signed by all parties, witnessed by two witnesses, and registration under the Registration Act is another requirement for giving up ownership of immovable property in favour of a co-owner/legal heir. If all the adult children agree to give up their rights in favour of one legal heir, your mother, then, you can go ahead with the execution of a Deed of Relinquishment which needs to be well-drafted by an experienced professional to avoid any future consequences. Thereafter you need to submit all the relevant papers of the property including the death certificate of your father, legal heir certificate issued by the Municipal authority/Tehashildar, as the case may be and a copy of the registered deed of Relinquishment executed by all the legal heirs in favour of your mother to the different authorities for change of name of ownership of the flat in their records. Reach out to an experienced property lawyer for guidance and steps.
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