How to transfer property in mother's name after father's death?
01-Jun-2023 (In Property Law)
Recently my father passed away. Now after death of father how to transfer property in our mother's name. It was a self acquired property. What is the process for it? How should we go about it?
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.
Who has the rights to mother's property after death?
Is it necessary to transfer property after death?
Who will be owner of property after father death?
How do I transfer property to my mother after father dies?
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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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
Transferring property from a deceased father's name to the mother's name after his death involves a legal process that varies from state to state in India. Below are the general steps to guide you through this process:
1. Obtain the Death Certificate:
- The first step is to obtain the death certificate of the father, issued by the local municipal authority. This certificate serves as proof of the father's demise.
- Gather all relevant property documents, such as the title deed, ownership records, and any will or testament left by the father. These documents will be crucial for the property transfer.
- In some states, a succession certificate or legal heir certificate may be required. This certificate establishes the legal heirs of the deceased and their rights to the property. Consult with a local lawyer to determine whether this certificate is necessary in your state.
- If there are multiple legal heirs, obtain a NOC from all other legal heirs, confirming their consent to transfer the property to the mother's name.
- Apply for the mutation of property records at the local municipal office or revenue department. This process involves updating the property records to reflect the change in ownership.
- Pay the required transfer fees, stamp duty, and property taxes associated with the transfer. The amount may vary based on the state and the property's value.
- Submit an application to the local revenue or municipal office, along with all necessary documents, including the death certificate, property documents, and any other required certificates.
- After verifying the submitted documents, the authorities will issue a property transfer order in the mother's name.
- Ensure that the land records are updated to reflect the mother's name as the new owner.
11. Legal Assistance: - It is advisable to seek legal assistance from a qualified lawyer who specializes in property matters, as the process may involve legal complexities and can vary by state.
Note: The specific requirements and procedures for property transfer after a father's death may differ from case to case. If a Will is involved, the property will be bequeathed to whomsoever the father wished it upon. He/she can thereafter transfer the property to the mother. It's crucial to consult with local authorities and legal experts to ensure a smooth and legally compliant transfer process.
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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