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Transfer of Movable and immovable assets incase of death of owner


29-Jan-2023 (In Property Law)
Hi, I am from Delhi. My father passed away intestate, in MAY 2021 and left us with a movable asset (a car) and an immovable asset (a house) for which I need to query. Now I am left with my mother, elder sister(married) and a younger sister(married). I need to 1. Transfer the car owner ship in my name . 2. Transfer the house ownership in my mothers name. What all I exactly need for the above two. Please advice.
Answers (3)

Answer #1
825 votes
There are multiple aspects you shall be aware of

Is the property self acquired by father?
Or ancestral

Mother sister and you shall get 1/3rd each as per successions.

Alternatively you may relinquish your right in property and so can your sister. Then your mother shall get the sole ownership.
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Answer #2
654 votes
Hi!
You must first of all understand that since your father died intestate the properties,be it movable or immovable, can’t be transferred to any single individual. As per law, when a person dies intestate then the entire property is divided equally among the legal heirs so therefore each of the members of your family including you would be getting a share in that. But yes, the ownership can be transferred to a single person only in the case when the draining of you relinquish your individual shares which can be done through a relinquishment deed.
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Answer #3
998 votes
You need to apply for the grant of the succession certificate and letter of administration by filing a petition under the Hindu Succession Act. The petition needs to be filed before the concerned District Judge. Once the succession certificate is granted you can apply for change of ownership
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