Procedure to get property transferred to legal heirs after demise.
24-Feb-2023 (In Documentation Law)
My father has a piece of land in his name but he is no more.Myself ,my mom and younger bro are the legal hier.i need to change it to my name . What is the procedure
Obtain death certificate and legal heir ship certificate of your father and ask your mom and your brother to execute a relinquish deed in your favour with respect to the property so that you get title to the whole property and if a partition deed is executed between you three then you get your share in the property through the partition deed.
On the assumption that it is your father's self-acquired property, his Class-I legal heirs comprising his (your father's) mother, your mother , your brother and you shall equally inherit the property by intestate succession. All of you should execute and register a family settlement deed, where all the other legal heirs relinquish their proportionate share in your favour.
There is no transfer needed in your case as the legal transformation takes place. Once the owner dies intestate without making any arrangement such as "Will" then the property will be inherited by all the legal heirs as per law. You can just obtain Death and Legal Heirship Certificate of your father and partition the property among yourselves. Property will get mutated in your names...
The other legal heirs of your father has to relinquish their share over the said property of your father in favor of you or they can settle their undivided share of the property of your father in your favor by way of registration of relinquishment deed or settlement deed before the concerned Sub Registration office where the property lies.
What do you mean change it to your name? Is your Mother and brother willing to totally transfer the property to you? If yes, you can get a Released Deed done in your favour. Once that is done then your Mother and brother cannot get any share in the property. If you are in Chennai, you can contact me.
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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