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How to transfer property after both parents have passed away


16-Sep-2023 (In Property Law)
My mother was murdered and my father died due to liver ailment. Now i have death certificate of my mom and dad. how to transfer property after death of parents? And what are the documents needed for same.
Answers (3)

Answer #1
938 votes
Hi,
you can get the property transferred in your name. if it is a landed property go to your tahasildar office and do the necessary formalities to get it mutated in your name.
The documents needed are:-
1. Death certificate of your parents .
2. ration card / your birth certificate to prove you as the son and the legal heir
3. If your mother's mother or father's mother alive take NOC from them(Supposing they are no more)
3. property tax paid receipts.
4. application form for mutation and receipt of fee paid for it.
The tahasildar office will guide you and help you with all necessary documents., provide accordingly.
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Answer #2
504 votes
First of all I would like to apprise you that succession of property is governed by different laws for different religions. So if you are a Hindu by religion and 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 but as she is dead so it doesn't matter in ur case), his children and also his mother (in case she is alive).
If you are Muslim or Christian or Parsi then only legal heirs will change but process for is like below..
Process to be followed is :
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. Normally it is circle officer.

Answer #3
382 votes
For a legal heir, a relinquishment document is needed to transfer permanent property rights to another heir. This is a document that must be signed by at least two witnesses and executed on stamp paper. Sub-registrars can also request indemnity bonds from other legal heirs.
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