Property transferred without legal heir

Whether the Gift Deed given by your father was Registered with the Sub-Registrar's office by paying Stamp Duty?

yes sir , it was done at su registar office and payed the stamp duty

If that be the case, whose legal heir the Bank is asking?  Why that is needed when you are the owner of the property?  

not only bank , i was asked to get legal heir for the property mutation also. According the them , as the property was on my granfathers name which had no will or anything will be needing an legal heir which gives my dad right to transfer property on my name.

Have you got death certificate of your grand father?

 

Yes I do have it

Then on that basis first apply for the legal heir certificate for the legal heirs of your grandfather.  In the application, you have to state all the sons/daughters of your grandfather, their relationship, their age, now whether alive or dead.

The Tehasildar's office will verify the particulars given by you and after satisfying will give you a legal heir certificate.

If in that legal heir certificate, only your father was the legal heir, then on that basis you can establish that the GIFT Deed registered by your father in your father is valid, as he was the only legal heir to your grandfather.

Which personal law applies in your case e.g; Hindu or are you all Hindu?

Was your paternal grandfather’s mother and wife alive as on date of death of your paternal grandfather?

The said property is self earned/acquired or ancestral in the hands of your paternal grandfather?

The property is in which state?

Confirm!

You are so far right in your understanding that after the death of owner dying without leaving a valid WILL and leaving un-disposed property/estate…………succession sets in and mutation records is to be updated by inheritance ( Virasat)….

 

In case of Hindu male dying without leaving a valid WILL and leaving un-disposed property/estate the 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death), Wife (if alive as on date of death),  sons, daughters…………..

In case your father was sole surviving (ClassI) legal heir then he alone shall get the entire property…

The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements…………….

Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 

Legal heir certificate is usually issued by O/o Tehsildar…after due inquiry by revenue officials…

Check for the same in your state/location.

Once mutations are updated the said gift deed can be submitted for updation in mutations records…

Get the copy of updated mutations records..

Thank you ramachandran , but I have already applied for the legal heir in court as it was not being issued at tahsildar , So legal heir document will have 4 legal heirs my father , me , my brother and sister And already done gift deed says my dad is the whole and sole legal heir of the property and transferred to me

Hi Kumar, We are Hindus and from Hyderabad And yes my father was the only son left as my grandmother also passed away , tahsildar office asked to get the legal heir certificate from court , process has already started and I might recieve it in April. Am concerned about property mutation for which I have applied for legal heir as they might raise an issue for "legal heir document will have 4 legal heirs my father , me , my brother and sister And already done gift deed says my dad is the whole and sole legal heir of the property and transferred to me" I am looking for a simple solution , because re applying for legal heir will be time consuming and also my father has passed away now , so little more complicated

The Tehsildar might have asked due to delay and SoP of his office.

In any case yor father was sole legal heir of his father.

The nature of proeprty that devolves by inheritance is self acquired.

The legal heirs of your father i.e. your grandmother, your mother, our brothers, sisters could/can contest the Gift deed on grounds e.g. coercion, force etc .....

Your lawyer si to handle IT if IT happens...