Transfer the title of property

Querist : Anonymous (Querist) 20 October 2011 This query is : Resolved
Hi, my father was died on 2009.we are 5 legal heirs of our father.my mother,2 sons and 2 sister.there is house where we are living which is in the name of my father.the sisters are married.my father was died without made will.we all children are agreed to release our share in the name of our mother.so i want to know that what is the procedure to transfer the property in the name of our mother without paying registration fees which is very expensive for us.
thanking you

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prabhakar singh (Expert) 21 October 2011
A mutation application by your mother stating all facts before municipal board where house is recorded in your fathers name along with no objection from all sons and daughters of your father,and following the same procedure wherever your father's name stands can be made to serve the purpose.

Arun Kumar Bhagat (Expert) 21 October 2011
I think without executing gift deed or deed of relinquishment no long lasting purpose will be served. Mutation of name in municipal corporation will only prove that your mother is the occupier of that house but at that time of sale or conveyance of whatsoever in nature, all the legal heirs signatures as seller will be required.

Sailesh Kumar Shah (Expert) 21 October 2011
Shri Arun Kumar Bhagat,

your thinking is right. Deed of relinquishment is required.

sanjeev murthy desai (Expert) 21 October 2011
I agree with my friend arun. Release Deed is advisable. Without paying stamp duty and registration fee, you cannot transfer your rights.

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