How to transfer property in mother's name after father's death?

201 votes

Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive).

First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.

After making enquiries, the Tehasildar will issue the legal heir certificate.

On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.

However, you want that the property should be registered in your mother's name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. The Relinquishment Deed will involve very small stamp duty and registration fee.

Once such a Relinquishment Deed is registered, then your mother can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in her name.

LawRato LawRato

511 votes

you have to file an appication for legal heirship in the court of law and all the son and daughter shall also be a part of it to give their no obejction to transfer the property in the name of the mother

Advocate Brahmanand Dube LawRato

722 votes

Hello
Adv Minakshi Ovhal here
you have to make an application along with affidavit for name record to village circle officer. then your mother become owner and name on 7/12 extract. if flat property then make an application along with affidavit to property tax office. thank you

Advocate Minakshi Bapu Ovhal Dakhane LawRato

859 votes

Hello!
If the property is immovable property then you will have to obtain heirship certificate and if property is movable then succession certificate from court. then give noc of others and release rights of other heirs by executing release Deed

Advocate Shweta Joshi LawRato

326 votes

How to Transfer Property in Mother's Name After Father's Death in India

Transferring property from a deceased father's name to the mother's name after his death involves a legal process that varies from state to state in India. Below are the general steps to guide you through this process:
1. Obtain the Death Certificate:

• The first step is to obtain the death certificate of the father, issued by the local municipal authority. This certificate serves as proof of the father's demise.

2. Verify the Property Documents:

• Gather all relevant property documents, such as the title deed, ownership records, and any will or testament left by the father. These documents will be crucial for the property transfer.

3. Succession Certificate or Legal Heir Certificate:

• In some states, a succession certificate or legal heir certificate may be required. This certificate establishes the legal heirs of the deceased and their rights to the property. Consult with a local lawyer to determine whether this certificate is necessary in your state.

4. No Objection Certificate (NOC):

• If there are multiple legal heirs, obtain a NOC from all other legal heirs, confirming their consent to transfer the property to the mother's name.

5. Mutation of Property Records:

• Apply for the mutation of property records at the local municipal office or revenue department. This process involves updating the property records to reflect the change in ownership.

6. Pay Transfer Fees and Taxes:

• Pay the required transfer fees, stamp duty, and property taxes associated with the transfer. The amount may vary based on the state and the property's value.

7. File an Application:

• Submit an application to the local revenue or municipal office, along with all necessary documents, including the death certificate, property documents, and any other required certificates.

8. Property Transfer Order:

• After verifying the submitted documents, the authorities will issue a property transfer order in the mother's name.

9. Update Land Records:

• Ensure that the land records are updated to reflect the mother's name as the new owner.

11. Legal Assistance: - It is advisable to seek legal assistance from a qualified lawyer who specializes in property matters, as the process may involve legal complexities and can vary by state.

Note: The specific requirements and procedures for property transfer after a father's death may differ from case to case. If a Will is involved, the property will be bequeathed to whomsoever the father wished it upon. He/she can thereafter transfer the property to the mother. It's crucial to consult with local authorities and legal experts to ensure a smooth and legally compliant transfer process. 

Advocate Chikirsha Mohanty LawRato

159 votes

All of your legal heirs will receive his property if he died intestate. The legal heirs of your father can sign a release deed releasing their rights to your mother. After that, the properties and records can be changed into her name.

Advocate Chikirsha Mohanty LawRato