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

Recently my father passed away. Now we want to transfer the property in our mother's name. It was a self acquired property. What is the process for it? How should we go about it?

  • ansSince 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.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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