Family property was not transferred to my mother and siblings
2 months ago
My father passed away over 20 years ago and family property was not transferred to my mother and siblings. Nkw we want to sell the property, but since it is still in my late fathers name, what is the process? Should all siblings transfer inherited property to my mother's name so she can sell? Will we have to pay stamp duty to write the new deed?
A.Dear client,
Depending upon the area you live in , the procedure of such transfer will be made.
You need to get a legal heir certificate from the first class magistrate. Supply your father’s death certificate to the concerned authority.
Depending upon the area, a new registration deed might have to be executed.
Kindly contact a civil advocate for better clarification.
Thanks
Depending upon the area you live in , the procedure of such transfer will be made.
You need to get a legal heir certificate from the first class magistrate. Supply your father’s death certificate to the concerned authority.
Depending upon the area, a new registration deed might have to be executed.
Kindly contact a civil advocate for better clarification.
Thanks
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A.Dear Client,
In this situation, to facilitate the sale of the family property, it is advisable to initiate the process of transferring the property title from your late father's name to the names of the legal heirs, which include your mother and siblings. This can typically be done through a legal procedure called succession or inheritance certificate, depending on the laws of the specific jurisdiction. Once the ownership is legally established in the names of all heirs, including your mother, the property can be sold. Keep in mind that the process may involve payment of stamp duty and registration fees for the new deed, and it is essential to consult with a local property lawyer to understand the specific legal requirements and procedures applicable to your jurisdiction. Legal professionals can guide you through the necessary steps to ensure a smooth and lawful transfer of ownership and subsequent sale of the property.
Thankyou
In this situation, to facilitate the sale of the family property, it is advisable to initiate the process of transferring the property title from your late father's name to the names of the legal heirs, which include your mother and siblings. This can typically be done through a legal procedure called succession or inheritance certificate, depending on the laws of the specific jurisdiction. Once the ownership is legally established in the names of all heirs, including your mother, the property can be sold. Keep in mind that the process may involve payment of stamp duty and registration fees for the new deed, and it is essential to consult with a local property lawyer to understand the specific legal requirements and procedures applicable to your jurisdiction. Legal professionals can guide you through the necessary steps to ensure a smooth and lawful transfer of ownership and subsequent sale of the property.
Thankyou
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A.Dear Client,
If the property left by your deceased father 20 years ago is intestate, that is without any will and it is his self-acquired property and under possession, then all the surviving members of his family and legal heirs are entitled to an equal share in the said property and to acquire individual shares, surviving legal heirs have to obtain a legal heir certificate from the competent authority(Municipal Corporation or Collector/Tehsildar) or if required, a succession certificate from the respective Civil Court. Your mother and her children need to apply for a legal heir certificate from the competent authority or a succession certificate from the Civil Court to transfer the ownership/title in favour of your mother and her children and on receipt of the same, a suit for partition shall be filed in the Court to obtain an individual share in the said property. On receipt of the decree in a partition suit, all the legal heirs other than your mother have to execute and register a deed of relinquishment to transfer their share in favour of your mother to make her sole owner of the property to sell it out to others on payment of requisite stamp duty and registration fees. Reach out to an Advocate experienced in property matters for guidance and steps.
If the property left by your deceased father 20 years ago is intestate, that is without any will and it is his self-acquired property and under possession, then all the surviving members of his family and legal heirs are entitled to an equal share in the said property and to acquire individual shares, surviving legal heirs have to obtain a legal heir certificate from the competent authority(Municipal Corporation or Collector/Tehsildar) or if required, a succession certificate from the respective Civil Court. Your mother and her children need to apply for a legal heir certificate from the competent authority or a succession certificate from the Civil Court to transfer the ownership/title in favour of your mother and her children and on receipt of the same, a suit for partition shall be filed in the Court to obtain an individual share in the said property. On receipt of the decree in a partition suit, all the legal heirs other than your mother have to execute and register a deed of relinquishment to transfer their share in favour of your mother to make her sole owner of the property to sell it out to others on payment of requisite stamp duty and registration fees. Reach out to an Advocate experienced in property matters for guidance and steps.
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