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Procedure for transfer of title to legal heir in Inherited property
19-Jul-2023 (In Documentation Law)
A freehold house is co-owned by mother and daughter. The house was inherited by them in equal share from the father after his death. The daughter is the only child of her parents. Now the mother has died leaving no will behind. The daughter being the only child is clearly the sole legal heir. Please advise how do we proceed to get the full house in the daughter' s name. What papers have to be prepared and where have we to apply. How much time will it take.
Dear querist, you have to file a case of succsession in court after that you get a certificate/order from the Hon'ble Court that you are the only sucessor of your parents / mother, after that you can transfer the property on your name, it is short process only you have to ready your document related to show that your are the daughter of your mother your i.d proof etc.
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Adv. MD Faiz
Delhi | 25+ Answers
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. The query is lacking in details as to the nature of the property owned by your parents. Was it jointly owned by both your parents, or the ownership thereof was with only one of them prior to their demise?
2. Since there is no one else in your family and your parents died without making a will the ownership of the property in question now vests in you subject to the nature of the property.
3. You have to get the property mutated in your name by enclosing the death certificate of your parents, ration card and your own birth certificate. Once mutation is granted you will assume the absolute ownership of the property.
4. If you apprehend any legal challenge to your ownership in future by any of your relatives then obtain a declaration of your ownership from the court.
2. Since there is no one else in your family and your parents died without making a will the ownership of the property in question now vests in you subject to the nature of the property.
3. You have to get the property mutated in your name by enclosing the death certificate of your parents, ration card and your own birth certificate. Once mutation is granted you will assume the absolute ownership of the property.
4. If you apprehend any legal challenge to your ownership in future by any of your relatives then obtain a declaration of your ownership from the court.
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Adv. Rishabh Jain
Delhi | 100+ Answers
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in these type of cases it is necessary to go through the papers that has been executed b/w the parties you can proceed further while taking advice after showing the paper to any lawyer who deals in property matters
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Adv. Roshan Kumar Singh
Delhi | 100+ Answers
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