Procedure to transfer grandfather's property

Hi , My Grandfather had a son(My Father) and a daughter(Aunt).Both my Grandfather and Father died ,Daughter(Aunt) is alive.My aunt agreed to release her share of grandfather properties to me and my 2 brothers.As per the discussion with document writer ,Release deed from Aunt for the grandfather properties to us is applicable only if either grandfather and father are alive.Also he told the transfer will be applicable with stamp duty and registration charges.What is the procedure to transfer ?.Is there any specific deed ?.

Answers (2)

287 votes

What your document writer said is partially correct. The moment your Grandfather died intestate his property will be inherited by all the legal heirs of your Grandfather, namely Grandmother, your Dad and Aunt. Assuming there were only two legal heirs then Death and Legal Heriship certificate of your Grandfather have to be there. The moment your Father died intestate then his Estate devolves upon all the legal heirs of your Father, namely your Mom, you and your siblings if any. However, Release Deed can be executed by your Aunt in your favour irrespective of all the above fact. Because she is anyway one of the legal heir and she has every right to release/settle/sell her share to anyone. Stamp duty is attracted to every transfer hence Release Deed also attracts stamp duty.

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128 votes

Your aunt can distribute her share of property to you and your brothers by way of a settlement deed. As per the TAMIL NADU government rules in the case of a settlement deed between family members you have to pay 1 percent of the market value.

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