Transfer of property to legal heirs on death of the owner
Aloke
(Querist) 09 April 2013
This query is : Resolved
1.My dad has expired 3Yrs ago and left no will.His house in DELHI need to be transferred to legal heirs.What is the procedure for transferring property on my mother's name.pls help? Any Registration fees or Stamp duty needed to paid?
2.In case registry fees are applicable, then if the legal heirs chooses to transfer the house directly to the children of the legal heirs, will it save the registration fees for their children.
Anirudh
(Expert) 09 April 2013
Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive).
First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.
After making enquiries, the Tehasildar will issue the legal heir certificate.
On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.
However, you want that the property should be registered in your mother's name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. The Relinquishment Deed will involve very small stamp duty and registration fee.
Once such a Relinquishment Deed is registered, then your mother can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in her name.
ajay sethi
(Expert) 09 April 2013
agree with anirudh
Adv k . mahesh
(Expert) 09 April 2013
agree with mr anirudh relinquishment deed and less stamp duty
Aloke
(Querist) 10 April 2013
Dear Anirudh,
Thanks for your prompt reply.
You have mentioned that the Relinquishment Deed will involve very small stamp duty and registration fee. What will be approx. amount required?
Is there any charges required to be paid for mutation? What is the implication if the property is not mutated in my mother's name after the Relinquishment Deed?
Kindly also inform about my 2nd query, if possible.
prabhakar singh
(Expert) 10 April 2013
Stamp duty as well registration fees are regulated by states.
What Mr. Anirudh meant that comparing other ways of transfer Relinquishment Deeds attract very nominal duty in all most all states,YET THEY VARY BUT.
Aloke
(Querist) 10 April 2013
Response to my queries remain unanswered. Please respond
ajay sethi
(Expert) 10 April 2013
if relinquishment deed is in favour of close family members then stamp duty would be nominal . it should not be more than Rs 500 . exact amount check delhi stamp act .
it is advisable to have property mutated in mother name . once your mother is owner she can sell , gift said property . she has legal title to said property
prabhakar singh
(Expert) 10 April 2013
Await Mr. Anirudh for response then.
Anirudh
(Expert) 10 April 2013
Answer to your question No.2 first.
You will not be able to relinquish your share in the property directly to your children. That will be either in the form of GIFT or WILL. Giving it through GIFT will be quite costly. WILL will take effect only after the person's demise.
You want to know as to what will be approx. amount required for relinquishment deed and registration charges? For this, you have to approach your local lawyer / sub-registrar's office and find out.
I have given answer to you at Macro level and certainly not at micro level. Once a guidance is given, it is expected that you would get the remaining things done of your own.
You originally wanted to have the property mutated in your mother's name. That is why all the answer was given.
Now you ask "What is the implication if the property is not mutated in my mother's name after the Relinquishment Deed?"
Forget about the implication. First of all tell me, why you may not like to have the property mutated, especially after relinquishment deed also gets executed?
Only after knowing the answer to this, and your mentality can I try to answer your query.
Aloke
(Querist) 10 April 2013
Dear Anirudh
Sorry to hurt you. Local people have been informed that very differently for the same work varied from Rs 10000/- to Rs. 6 lacs. On detailed inquiry i could gather that most people have done Relinquishment Deed only & few have mutated after getting the deed. Most of us belong to very lower strata of society and every coin spent needs to be verified before spending. That's why I have requested to know the implications. When u put some light on the matter I will be able convince my other siblings accordingly
Anirudh
(Expert) 10 April 2013
Dear Aloke,
1. Please visit the sub-registrar's office and enquiry as to how much Stamp Duty / Registration charge is to be paid for Relinquishment Deed.
2. Visit the Municipal Office and enquire as to how much fee is payable for mutation of the property.
This is the only way in which you will come to know the exact amounts.
After knowing you post your answer here, so that any one of us can clearly indicate whether the charges quoted are reasonable / believable or not.
