Can my mother gift the property for me?
Vasantha Vasnatha
(Querist) 11 June 2012
This query is : Resolved
I have purchased few properties in india and registered in fathers name since it is agricultural property. Unfortunately my father passed away. What is the process to get the property in my name? I have my mother and 4 siblings. All of them are married. One of my sibling is deceased and has his wife and 2 kids.
I want to know what is the process and what complications i will have?
Thanks in advance!
ajay sethi
(Expert) 11 June 2012
on your father death your mother and her 5 children are the legal heirs of property .
since your father died intestate you will have to obatin legal heirship certificate . if your family members execute deed of relinquishment property can be transferred in your name
Advocate Bhartesh goyal
(Expert) 11 June 2012
Your mother and siblings including one deceased sibling's wife and 2 kids if relinquish their share in favour of you by a registered relinquishment deed then you will become absolute owner of the property.
K.K.Ganguly
(Expert) 12 June 2012
The complication at this stage is that the property will not be claimed as solely owned by you.All the successors will now have equal share of the property. If all the successors relinquish their shares in your favour by registering a Deed of Relinquishment then only you can have exclusive right, title & ownership of the property you are talking about.
J K Agrawal
(Expert) 12 June 2012
You are to file an application for mutation before the Sub Divisional Officer who will order and mark it to the Parwari/ Talathi to mute the property in the name of all the heirs.
After that if you want to delete name of any heir you should get it transferred by way of sale or gift or relinquishment deed.
Shonee Kapoor
(Expert) 19 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
