Steps to take after Father's death for Property
Querist :
Anonymous
(Querist) 25 January 2010
This query is : Resolved
My Father passed away on 26Oct,2009 leaving behind a house on his name in NOIDA and ancestral land in interiors of U.P. He left no WILL. Now we live in Pune. I Need to know
1) What is the procedure to transfer House to mother?
2) Do transfer in name of my mother is necessary before giving it for rent, for agreement with tenant?
3) My grand Father is alive but division of property between all the sons is already done with everybody's consent. What steps do i need to take so that ancestral property is not left unclaimed?
We are 2 brother and 2 sisters. I do not know legal vocabulary so it will be helpful if you explain in simple words.
Thanks in advance for your expert answers.
A V Vishal
(Expert) 25 January 2010
Succession in the Hindus is governed by the Hindu succession Act, 1956, which bases its rule of succession on the basic principle of propinquity, i.e., preference to heirs on the basis of proximity of relationship. Earlier females were excluded, however this rule of exclusion of females has been done away with.
A person who dies without making a will is known as intestate. An heir is a person entitled to inherit property after the death of the intestate .
Since your father died intestate you have to apply to the court of appropriate jurisdiction for succession of moveable and immoveable properties of your late father. The court grants a Letter of Administration to all the recognised legal heirs. However, under the Hindu Succession Act, your grandmother ( Father's Mother) and Grandfather (Father's Father) qualify as Class I & II heirs along with your mother, brother and sisters and yourself. They should be also brought on records as successors to avoid problem in future. Once the court grants LOA, the said parties should relinquish their respective rights in the properties by way of an registered relinquishment deed in favour of your mother.
Querist :
Anonymous
(Querist) 25 January 2010
Thanks for the reply
My father died at my village which is Gorakhpur and our ancestral property is also there. And House in name of father is at Noida. So my question where we need to apply for Letter of Administration. Noida Court or our village one.
And is this a long process because in both cases we need to go there and as we do job here in pune it will be difficult. One more point there is no differences in family and all want that house should be transfered to Mother.
niranjan
(Expert) 25 January 2010
So far house is concerned which is self earned property of your father,all legal heirs can jointly execute relinquishment deed without consideration and get it registered and submit it before the authority to change the name.
Raj Kumar Makkad
(Expert) 25 January 2010
1. All other legal heirs of your father move an application to the municipality of NOIDA supported with your affidavits to transfer the house in the name of your mother.
2. There is no such need to get it transferred first in the name of your mother then to rent it out. It can be rented out by any person which may be termed as landlord in that property. Your mother can also do this and she shall become landlady of that property. Landlord and land owner are two different terms
3. As replied in para no. 1 & 2 above, you house becomes secured by that means and now take your agricultural land matter. Move an application to local Patwari of the village wherein your land situates with the copy of death certificate of your father and the names of your mother, brothers and sisters (legal heirs of your deceased father), who shall get it entered in the revenue record and Tehsildar shall approve/sanction it and thus obtain the copy of such record called mutation for your reference.
Querist :
Anonymous
(Querist) 26 January 2010
Thanks to all the experts for valuable answers and especially to Raj sir for To-the-Point answer.
