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how to transfer property from father to mother after death in india ?


03-Jun-2024 (In Property Law)
Recently, my father passed away. How to transfer property from father to mother after death in Maharashtra? What is the process for it? How should we go about it?
Answers (4)

Answer #1
410 votes

In India, when a person dies without leaving a will (intestate), their property is inherited according to the personal laws of succession applicable to their religion for instance, the Hindu Succession Act, 1956 for Hindus, Jains, Sikhs, and Buddhists; Muslim Personal Law (Shariat) Application Act, 1937 for Muslims; and the Indian Succession Act, 1925 for Christians and Parsis.

Since 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), his children and also his mother (in case she is alive).

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.

However, you want that the property should be registered in your mother's name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. The Relinquishment Deed will involve very small stamp duty and registration fee.

Once such a Relinquishment Deed is registered, then your mother can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in her name.

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Answer #2
783 votes
you have to file an appication for legal heirship in the court of law and all the son and daughter shall also be a part of it to give their no obejction to transfer the property in the name of the mother
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Answer #3
589 votes
Hello Adv Minakshi Ovhal here you have to make an application along with affidavit for name record to village circle officer. then your mother become owner and name on 7/12 extract. if flat property then make an application along with affidavit to property tax office. thank you
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Answer #4
580 votes
Hello! If the property is immovable property then you will have to obtain heirship certificate and if property is movable then succession certificate from court. then give noc of others and release rights of other heirs by executing release Deed
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