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Procedure for transfer of Ownership of Ancestral Property


14-Jul-2023 (In Property Law)
Sir my grandfather had 3 sons, 3 daughters all the 3 daughters are married and he has distributed 3 houses to 3 sons but my father is the 3rd son, he dint lived there and one of my paternal uncles divorcee daughter is staying there and she is telling us to give some amount in order to vacate the house but she also doesn't know about the papers but when I enquired with the house number , the house is still on my grandfather's name. Please tell me how to get that property on my name as my father expired 14 years ago and I am the only son.
Answers (2)

Answer #1
514 votes
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.

Answer #2
722 votes
The divorcee daughter has no authority to stay in the House allotted to your father. You can vacate her by filing eviction suit before the civil court. You can also ask the court to grant rents for her illegal occupation (from the date of petition till her eviction).

Regarding the Name of your father, you have to get the name mutated in the Municipal Records by producing the death certificate of your father. Once the mutation is done, your name will be reflected in the Municipal records.

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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