Mahavir Rawat (Officer) 07 September 2009

Change of Title and Reliquished Deed

Dear Members of Forum,

I have a question about the property (land) in the name of my father (in sale deed). My Father died in 2004 and left a property(land) without a Will. We are two brothers (including me) and three sisters, all brothers and sisters are married and mother. We all want to tranfer the property in the name of our mother. All of us have no objections for tranfer the property to mother name. After transfer the property to mother name, our plan to build a house on that land.

1. Please suggest that what is the right procedure to tranfer the land to the name of mother. (mutation is not applicable on that land).

2. Can we all make a relinquished deed ? If yes, then what is registration fees and stamp duty of the said deed in uttarakhand ?

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 September 2009

Partition of property is advisable.
the "mode of Partition"
"Question of title" be raised before Civil Court after Naksha Be is confirmed or after "mode of Partition".

Pls, Check this >Judgement<.

Mahavir Rawat (Officer) 07 September 2009

Can we build a house without Partition of the Property

m.kupparaju (Advocate) 08 September 2009

Dear Mr.Rawat,

As in your case your father died intestate (without leaving a Will) and in such case as per Hindu Succession Act 1956, if a Hindu male died intestate all the surviving legal heirs including your mother will be come the equal owners of the property of the deceased and all of you will become joint owners of the property. If all the legal heirs consented to transfer the khatha in your mother's name they will have to give an affidavit to the concerned revenue authorities for transfer the katha in your mother's name which will not transfer the property except katha in your mother's name.

All the legal heirs ammicably can go for partition of the schedule property and those who are really interested in the property can retain their share by transfering katha of their respective share if not can relinquish their share in favour of the legal heir who is interested in such share by paying the prevailing market rate. Registration of the Partition Deed among family members, stamp duty is very nominal per share and for relinquishment deed it will be little more.

Thanking you,

m.kupparaju (Advocate) 08 September 2009

Dear Mr.Rawat

If your build a house without registered partition deed, that property will remain as joint property of all the legal heirs of the deceased.

Mahavir Rawat (Officer) 08 September 2009

I am very much thankful to m.kupparaju who give me such a good information about my problem.

Mahavir Rawat (Officer) 18 November 2009

Please refer my case, I am the elder son and want to buy some(1/2) part of this property from the other legal heirs(mother/brother/sisters). Can legal heirs sell this property to me.