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Need info on property transfer after bereavement
19-Jun-2023 (In Property Law)
Dear Sir/Madam, We are a family of three my mom , sister and myself. My father passed away recently leaving behind his house in delhi with no will. Firstly I wanted to understand How this house would get transferred to the family members? Secondly what is the procedure to pursue this transfer ? Thirdly if we have to transfer this property to my mom, how should we do it ? And what is the difference between transferring the property and giving power of attorney? Thanks & Regards
The father passed away leaving no will that means its not testamentary succession rather the property lies within the ambit of intestate succession therefore the same will be equally partitioned among all copaceners that is your mother and all of you have one share each as per Hindu succession act. Therefore further you can Relinquish your shares in favor of your mother.Please contact for further queries thanks.
Helpful?
Adv. Nishant Solanki
Delhi | 200+ Answers
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Dear Querist,
No power of attorney can be given in your case. First get succession Certificate (legal heir certificate) from tehsildar in favour of all the heirs. this can be done by moving an application to the tehsildar in whose local limits the property is situated. later you and your sister may execute the relinquishment deed (registered) in favour of your mother so that the property may be transferred in your mohter's name alone.
Thereafter, the property may be mutated in your mother's name upon moving an application by your mother.
No power of attorney can be given in your case. First get succession Certificate (legal heir certificate) from tehsildar in favour of all the heirs. this can be done by moving an application to the tehsildar in whose local limits the property is situated. later you and your sister may execute the relinquishment deed (registered) in favour of your mother so that the property may be transferred in your mohter's name alone.
Thereafter, the property may be mutated in your mother's name upon moving an application by your mother.
Helpful?
Adv. PS Sridhar Raj
Delhi | 25+ Answers
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