Property inheritence

anand (Querist) 07 February 2014 This query is : Resolved
Dear Sir,

My friends father has died and left 2 properties behind. My friend is having 2 brothers. total 3 brothers...

Can they transfer the property in joint name? if yes? what is the procedure?
what are the documents required.

And also does he need to stamp duty for transferring the property in andhra pradesh?

Thanks
Anand

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ajay sethi (Expert) 07 February 2014
you have not mentioned whether deceased left a will or died intestate .
in case father died intestate on death of father each son will have 1/3rd share in property . property can be transferred inn name of 3 sons .

make an application for mutation of property in name of 3 sons . enclose copy of death certificate . Affidavit together with a no objection certificate from the other legal heirs of the deceased or their successors in interest Indemnity bond containing an undertaking of the executant that he will indemnify the Corporation in the event of a dispute arising from the mutation made on his application Rough site plan showing different portions of the building and the signatures of the persons occupying these portions

Kumar Doab (Expert) 07 February 2014
It is believed that you are Hindu and deceased father has not left any WILL and mother has predeceased father, and other than 3 brothers there is no other legal heir.

The 3 brothers can provide the death certificate of other legal heir and get their name entered in mutation records.
Thereafter they obtain the latest mutation records showing their names.

It should suffice.

Still it shall be appropriate to consult local lawyer handling real estate/property/revenue matters with all documents in person.

Rajendra K Goyal (Expert) 07 February 2014
Well advised, agree with the experts. All the legal heirs need to apply for mutation of the properties in their names.

anand (Querist) 07 February 2014
Thanks for the reply..

1 question still unanswered...

Do they (3 brothers) have to pay stamp duty for transferring the property in their joint name?

Regards
Anand

Rajendra K Goyal (Expert) 07 February 2014
No stamp duty, name would be changed in revenue records through mutation.

Guest (Expert) 07 February 2014
Yes.Stamp Duty and Registration Fee to be paid in Registrar Office.It varies from state to state.Consult your concerned Registrar office and they would confirm and any Senior Document Writer who sits Out side Registrar Office would sort out the issue.First Follow the advise of Mr.Kumar Doab and obtain L.H.C

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