Procedure to transfer title rights after the death of husband


My father and his younger brother jointly purchased a residential house. In the sale deed Both names are mentioned as purchasers, without mentioning the percentage of rights. Both of them invested equally to acquire the property. Khatha issued by BBMP is in the name of both. Recently my father died of cancer.We have taken Death certificate. My question is, What are the things (creation of documents) my mother has to do in order to get the complete rights on my fathers part of the property as per Hindu law. Thanking you

Answers (3)


189 votes

Hello,
As mentioned by you, your father's share in the said property is only to the of 50%. Either: -
1) your mother and you children can sell that 50% share to your uncle by releasing and relinquishing your 50% right in the said property to your uncle ( here your fathers death certificate has to be furnished before the sub Registrar and a family tree/Geneology has to be given)
2) Or jointly your Uncle and your mother (along with your siblings) can sell the said property to a third person outside the family. here also Family Tree and father's death certificate is required.
Since it is a registered Sale Deed/Document, don't worry no one can deprive you and your mother from inheriting your father's 50% share in the property.
Regards
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313 votes

Ist take the survivors certificate from the tahasildar and file an application enter the names of heirs of your father to the extent of his share or you all have to file a suit for partition n seperate possession of 1/2 share against your uncle

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126 votes

Both purchasers have equal share in the property
Your mother may apply for change of Khataa with BBMP athey may ask for no objection affidavit by the sons and daughters of the deceased to make khata in her name
If your uncle agrees for mutual partition of the property then make a registered partition deed and get the khata in your Mothers name

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