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Transfer of ownership of property
17-Jul-2023 (In Property Law)
Hi there
i am a resident of east delhi and want to know about property transfer of our house where we are currently living in. Our parents are no more with us and the house is in my mother's name.
we are 4 brother sisters all unmarried and we want to transfer this property in any one's name.
Can you please tell me the procedure and the cost involved, what documents are required etc etc
For death certificate we have our mothers death certificate and do not have our fathers death certificate but in my mothers death certificate it is mentioned "late" before my fathers name.
why we don't have our father death certificate is because our father died 15 years ago in his village and our mother died 5 years ago in delhi due to illness.
May i know is father death certificate is necessary as the house is fully in my mothers name.
we belong to hindu religion
thank you
Hello, i have perused your query. In these circumstances you have an option of relenquishing all the existing shares in favor of that one person , to whom you wish to transfer the title. Get the desired property mutated.
For further information feel free to reach out to me.
For further information feel free to reach out to me.
Helpful?
Adv. Love Kumar Soni
Goa | 200+ Answers
Chat
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Sir,
1. Your father's death certificate isn't required if your late mother was the full and absolute owner of the property.
2. You and your siblings have an equal share in the property of your mother i.e 1/4 share of each sibling.
3. If your mother has not left a will you need to apply for succession certificate.
4. if you want the property to be in the name of one sibling then others need to file relinquishment deed.
5. The court fees/stamp duty is different for each state. Usually there is no court fees levied on succession of immovable property. court fees needs to be paid for all other ovabkes like bank accounts, Shares, etc.
1. Your father's death certificate isn't required if your late mother was the full and absolute owner of the property.
2. You and your siblings have an equal share in the property of your mother i.e 1/4 share of each sibling.
3. If your mother has not left a will you need to apply for succession certificate.
4. if you want the property to be in the name of one sibling then others need to file relinquishment deed.
5. The court fees/stamp duty is different for each state. Usually there is no court fees levied on succession of immovable property. court fees needs to be paid for all other ovabkes like bank accounts, Shares, etc.
Helpful?
I have perused your query and of the considered opinion which is as follows :
1. Since the property is in your mother's name, hence fathers death certificate is not required.
2. in the event your mother has not executed any Will, you need to apply for Legal Heir Certificate for getting the property mutated.
3. Since the property needs to be transferred in the name of 1 sibling, then others need to execute the relinquishment deed /NoC
For further consultancy and legal services you may contact us.
1. Since the property is in your mother's name, hence fathers death certificate is not required.
2. in the event your mother has not executed any Will, you need to apply for Legal Heir Certificate for getting the property mutated.
3. Since the property needs to be transferred in the name of 1 sibling, then others need to execute the relinquishment deed /NoC
For further consultancy and legal services you may contact us.
Helpful?
Adv. Anubhav Kathuria
Delhi | 500+ Answers
Chat
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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