Transfer of property after death of first owner

prasanna rao (Querist) 17 August 2016 This query is : Resolved
my father and my mother bought a flat in joint name and all the payments were made through joint bank account in same name. the property was registered in joint name and before getting the possession of said flat my father who was first holder died.
now is it necessary to get succession certificate in name of my mother and me his only child. or can the property be transferred 100% in my mothers name. as of now i don't want share in property. there is no will and we are hindu general category.

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Ms.Usha Kapoor (Expert) 17 August 2016
You get Legal Heir Certificate from Revenue/Such as MRO after producing death certificate of your father from Municipal corporation or from the Hospital where he breathed his last. So mother and son will be the only successors or surviving legal heirs to your father's self acquired/ancestral property.Succession certificate is mainly for collection of debts and securities of the deceased for succession claims also it is used.

You get succession Legal Heir certificate by producing Death certificate of your father , ration card, telephone bill etc to the local Tahsildar/Revenue Officials such as MRO or through The District Court. Although succession certificates are granted mainly to recover debts and securities for succession in general also they are used.

You can obtain a Legal Heir / Succession Certificate through your Taluk / Thasildar or through the District Civil Court of your area.
The best approach would be to get in touch with the Taluk / Tahsildar office of your area they should be able to provide you with the certificate or in some cases you might be asked to contact a lawyer in District Civil Court to get it done.
Based on the report of the Village Administrative Officer and Revenue Inspector and after due inquiry, this certificate is issued by the Concerned Authority mentioning the names of all legal heirs of the deceased.If you don't want a share in the property right now and let your mother enjoy the whole 100% property and so be it. In case she predeceases you, you'd get the entire property. If it happens the other way round it's better you take your 1/2 share in the property by producing legal heir certificate in District Court need of any relinquishment Deed. Tell her to take a no objection notarized certificate from you that you don't have any claim or interest in the property.In that case she may sell off the property to someone due to some exigencies. So be aware of such unfortunate circumstances then you'd be loosing the whole property on account of sale., So to protect your future interest it's better not to give any relinquishment deed or no objection certificate to her to be on the safe side from your end.

Devajyoti Barman (Expert) 17 August 2016
Succession certificate is not issued in respect of immoveable property
If you do not want share in the property then you have to execute gift deed or release deed.
Otherwise you will continue to hold 1/4th share in the property and your name will also be recorded in revenue records.

Rajendra K Goyal (Expert) 17 August 2016
Agree with the expert Devajyoti Barman.

R.K Nanda (Expert) 17 August 2016
Nothing to add.

Guest (Expert) 17 August 2016
Release deed or gift deed by you in favour of your mother will be sufficient to transfer your share of property to her name.

Dr J C Vashista (Expert) 18 August 2016
Prefer to get release deed, as advised by experts, that I fully agree.
Stamp duty is required to be paid in some of the states (as in Delhi), whereas no such stamp duty for Relinquishment Deed.

Raj Kumar Makkad (Expert) 21 August 2016
I concur with Barman.

prasanna rao (Querist) 22 August 2016
dear mr barman as you say " succession certificate is not issued in case of immovable property" so if i not apply for it is it ok?

Transfer of property after death of first owner

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