Transfer of house after death of father
manishkumarsrivastava
(Querist) 11 June 2015
This query is : Resolved
My Father passed away on 22 june,2014 leaving behind a house on his name in Gorakhpur and ancestral land in interiors of U.P. He left no WILL. Now we live in lucknow. I Need to know
1) What is the procedure to transfer House to my name?
2) Do transfer in name of my mother is necessary before giving it for rent, for agreement with tenant?
We are 1 brother and 5 sisters (they all have given their consent to transfer the house in my name) I do not know legal vocabulary so it will be helpful if you explain in simple words.
Thanks in advance for your expert answers.
Kumar Doab
(Expert) 11 June 2015
It is believed that deceased father was Hindu. Since he has left no WILL, Hindu Succession Laws shall apply.
The succession opens upon death of owner.
The house in the name of deceased father shall devolve upon wife and 6 children, equally.
Obtain death certificate and legal heir ship certificate and mutate the house in the names of legal heirs (6). The procedure can be downloaded from the concerned authority under whose jurisdiction house falls e.g. MC. As per formats/procedure the simple NOC may work. However you may go thru the rules.
Anyone can relinquish his/her share in anyone’s favor preferably by Registered relinquishment deed………………so that there are no issues in future and no litigation and heartburn.
The ancestral land in UP shall devolve upon all legal heirs.
Is the ancestral land agricultural?
Agriculture is a state subject and as per UP state rules married daughters may not have any right in agriculture land.
You may go thru another thread at:
http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp#.VXmMRFJ-hkg
and pick up relevant points if any to you.
It shall be certainly appropriate to seek professional advise of an able lawyer dealing in property/civil/revenue/family matters and well versed with state laws.
Rajendra K Goyal
(Expert) 12 June 2015
The property would go to all legal heirs if your father expired intestate.
Other legal heirs may relinquish their shares through relinquishment deed.
After it approach the concerned authorities / revenue department to transfer the property in your name.
You may contact local lawyer.
