Transfer of property from deceased to legal heirs
Mihir
(Querist) 18 May 2013
This query is : Resolved
Dear Experts,
Kindly guide me for below mentioned matter:
No Will is created:
I would like to know the step by step procedure to transfer the deceased property (Flat, Tenament & Land) to Three Legal Heirs - Wife and Two Son.
What is the first step and also the next steps to transfer the property. Properties are situated in Gujarat and Maharashtra region. What would be the rate of Stamp duty in such case.
Also It would be decided by legal heirs to transfer the property in deceased wife's name only then what would be the process.
Plz guide me with respect to above matter in step by step process so I can go ahead accordingly. Plz reply.
Thanks
ajay sethi
(Expert) 18 May 2013
obtain succession certificate . contact a local lawyer . sons can execute deed of relinquishment in favour of mother . attracts nominal stamp duty for deed of relinquishment
Mihir
(Querist) 18 May 2013
Thanks a ton.
Plz guide me with respect to obtaining Succession Certificate and also guide me abt the transfer process...First property would be transfer to all legal heirs and then relinquishment deed will be executed or vice a versa.....Plz reply
ajay sethi
(Expert) 18 May 2013
you have not mentioned where you are located . if you are in mumbai you have to obatin it from high court . contact a local lawyer
Mihir
(Querist) 18 May 2013
Dear Sir,
I am located at Gujarat. I would like to know whether we can first relinquis right to Mother or we first need to register property as legal heir in our name n den to relinquish????
Any stamp duty will be levied on the above transaction on transfer of property and on relinquishment of property???
What are the other ways of short cut and how much time duration would be required under all procedures???
Thanks
prabhakar singh
(Expert) 18 May 2013
When any intestate dies leaving behind a sons and widow ,the trio inherits equal.
i think succession certificate can be issued only for flat of a CHS as share certificates are there.
For tenements and land heirship certificate or mutation will be sufficient.
it would be better to execute relinquishment
deed after mutation of records.
Stamp duty is state matter but it is nominal everywhere.
