Registration of residential property in the name of legal heir
Rajkamal Chawla
(Querist) 15 May 2014
This query is : Resolved
My father had a settlement with two of his brother's for the house in Delhi belonging to my grandfather. Share of both the brothers was paid out and they relinquished their right in favor of my father.
But before my father got the registration in his name he expired, now this house need to be registered in my mother's name.
Please clarify
1. What is the procedure?
2. What all documents shall be required.
3. What is limitation period within which (a) registration in my father should have got done in his name, (b) registration is to be done in my mother's name.
4. What shall be the stamp duty applicable in this case.
ajay sethi
(Expert) 15 May 2014
your uncle can execute Deed of relinquishment in favour of your mother and other legal heirs of your father .registration should be done within period of 4 months
Rajendra K Goyal
(Expert) 15 May 2014
Your uncles can execute registered relinquishment deed/ gift deed in favor of your mother.
Anand Bali Adv.
(Expert) 15 May 2014
I agree with the Expert's opinion stated by first Two.
For the stamp Duty you have to make it clear where the property situates and what is the CIRCLE RATE there?
For getting all these formalities done you can contact me at below mentioned address;
204B Nanda Devi Appts, Plot-19, sec-10, Dwarka,New Delhi.near sec 11 Metro St.
ph: 9582144748 email: advicelaw1@gmail.com
T. Kalaiselvan, Advocate
(Expert) 16 May 2014
Upon the intestate death of your father. his share of property will devolve upon his legal heirs namely his wife i.e., your mother, yourself, your brothers and sisters if any, now since your father has already paid and settled the amount towards the share of property belonging to your uncles, literally that property also comes under the intestate category. In the said circumstance, while all your uncles execute a registered release deed in favor of your mother over their properties, you and other legal heirs of your father also can simultaneously may execute a registered release deed in your mother's favor so that the entire property will lie under one individual's name and title. For stamp duty, you may have to enquire about it locally because it differs from one state to another.
