Property transfer to kids after father's death
Rohit
(Querist) 05 May 2017
This query is : Resolved
My father died in 2013. We are 4 sons and 1 sister and our mother is alive. My father left behind an agricultural land plus a big site having a small house, all of which is his self earned property.
1. What is the procedure to transfer this to our name?
2. What is the procedure to divide this property among ourselves?
Rajendra K Goyal
(Expert) 05 May 2017
1. What is the procedure to transfer this to our name?
__ Obtain legal heir certificate and get the property mutated in the name of legal heirs.
2. What is the procedure to divide this property among ourselves
____ Execute registered partition deed.
Kumar Doab
(Expert) 05 May 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 05 May 2017
The agricultural land is in which state?
The sister is married?
Kumar Doab
(Expert) 05 May 2017
The legal heir certificate, death certificate are basic docs.
Visit website, O/o Authority under whose jurisdiction property falls and obtain forms/details of requisite docs for such matters of inheritance: Testate Succession.
Complete the procedure and submit to concerned authority/revenue official say;Patwaari.
Obtain updated mutation record showing name of all legal heirs.
If mother of father was alive as on date of his death, she has equal share.
Preferably settle partition amicably ( with boundaries) of property and register of partition deed.
kavksatyanarayana
(Expert) 05 May 2017
All the legal heirs of your father have rights over the property and hence an application along with legal heir certificate for mutation of the property. If you are interested to divide the property you can divide the property in equal shares. after discussion with all the heirs you can divide the property even in un-equal shares as you decide.
Kumar Doab
(Expert) 06 May 2017
Thanks for agreeing Ushaji.
Sri Vijayan.A
(Expert) 06 May 2017
I endorse the views of Expert Rajendra K Goyal
Kumar Doab
(Expert) 06 May 2017
If agricultural land is in UP (states carved from UP) the married daughter may not have share as per Local law: UPZALRA, except if some new development has been notified, contrary to earlier provisions.
The experts are requested to share if such new development has been notified.
Kumar Doab
(Expert) 06 May 2017
It has been discussed in many threads at LCI e.g;
http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp
R.K Nanda
(Expert) 07 May 2017
nothing to add more.
