jayaramesh (SSE) 12 October 2009

Is gift deed should be signed by all legal heirs

HI,

we r from andhrapradesh ,hyderabad , rangareddy district . 2 brothers and sister , we want give land as gift deed to my sister, th land is in the name of my father and mother. My father expired 7 years back , can my mother and two sons can along with my father Death certificate is enough for registration towords gift deed to my sister,

my father was manager in private company , i want to know the court procedures to get legal heir certificate(LHC) OR FAMILY MEMBERS certificate, 2)How many days it will take to get that certificate from court 3) how much it will cost us.

waiting for u r valuable reply

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5 Replies

Adinath@Avinash Patil (advocate) 13 October 2009

1] FOR GIFT DEED OF YOUR FATHERS PROPERTY IT IS NECESSARY TO SIGN ALL LEGAL HEIRS ON GIFT DEED.

2] YOU CAN FILE SUCCESSION CERTIFICATE APPLICATION UNDER INDIAN SUCCESSION ACT IN PROPER CIVIL COURT.

adv. rajeev ( rajoo ) (practicing advocate) 13 October 2009

after the death of ur father succession opens, being a legal heirs of your father you all will have sign on the gift deed. U can also reliquish your rights over the property by executing rights reliqish deed in the name of your sister.

Abhishek (Advocate) 13 October 2009

Mr. Jayaramesh,

As the matter of fact the Property is in your father's name, all the legal heirs of your father have to sign the Gift Deed for proper execution.

As far as obtaining of legal heir certificate is concerned, it can be obtained from the competent court in your jurisdiction and it may take 6 to 8 months.

And the family Member Certificate can be obtained from the concerned MRO Office, the jurisdiction lies the place you resides.

ou can contact me for further clarification on the below mentioned mobile as my self too from Hyderabad.

Abhishek

9849112704

Isaac Gabriel (Advocate) 13 October 2009

The gift is likely to be made among family members,that too your father's property.You can straightaway execute the gift deed along with your mother and brothers who are supposed to be the legal heirs.The registration charge is also nominal for the gift deed.