Transfer house to one of legal heir
akumar
(Querist) 25 September 2015
This query is : Resolved
Dear Sir,
We are resident of Gurdaspur, Punjab. My father has three brothers. Our grandfather has died and left one house of 200 SQY, where my father's younger brother lived.
My fathers & his all brothers are well settled, so all of them decided to give our grandfathers house to his younger brother who live there.
Please advise legal procedure to transfer house to his younger brother legally.
Regards,
Anuj
Kumar Doab
(Expert) 25 September 2015
It is believed that you are Hindu..................and Hindu Succession Laws shall apply.
If the house is self acquired property of your grandfather and is registered in the name of your deceased grandfather then all of his ClassI legal heirs shall share it equally i.e wife,sons,daughters................
First of all obtain death certificate from MC.
Then you may obtain the requisite forms/application to transfer the property from the authority under whose jurisdiction the property falls.
The procedure may be simple and upon disclaimer by others and report of local Municipal Councillor and after advertisement in newspaper the property may be transferred in records of authority and then it can also be mutated in revenue records.
If Legal Heir certificate is required then it can be pursued with local Sub-Tehsildar office/Suvidha center. It is a simple process and any on can appear and
submit an affidavit...............Or Sub Tehsildar can mark inquiry to Patwaari and upon report of Patwaari the Sub-Tehsildar shall issue a certificate.
Thereafter you can proceed to mutate the house in name of all ClassI legal heirs.
Once the name of all ClassI legal heirs is recorded anyone/everyone can either gift or relinquish or transfer in the name of anyone.......................as per options that apply to the property.
You may check with authority e.g. MC,PUDA............................an able Lawyer specializing in family/property/civil matters.
Anirudh
(Expert) 25 September 2015
Your father and his brothers have to give a Registered Relinquishment Deed (REgistered Hak Chod patra) in favour of their younger brother. This will not involve any stamp duty at all.
If the above is done, then the property will properly and legally go to the younger brother.
Rajendra K Goyal
(Expert) 26 September 2015
Well advised, agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
All the siblings of your father including himself can execute a registered release deed in favor of their younger brother relinquishing their rights in the property which shall make him the absolute owner of the property.
