ANKS (Self) 11 February 2010
Dear Sir/Madam, My client's father recently passed away intestate in Karnataka. He is survived by his wife and 3 children. Two daughters and one son and all 3 children are married and well settled. The wife and daughters are willing to transfer the property to the son. What is the procedure to follow for transfer of property to his name. Please advise. Thanks in advance.
A V Vishal (Advocate) 11 February 2010
The mother & daughters can execute a relinquishment deed in favour of your friend.
ANKS (Self) 12 February 2010
Mr. Vishal, Thank you very much. Could you pls attach a format of relinquishment deed if you have please. is this Deed enough or is Khata transfer also required?
A V Vishal (Advocate) 12 February 2010
Consult a local lawyer and he will do the needful. The deed needs to be registered so appropriate stamp duty and registration charges will be incurred.
B K Raghavendra Rao (Senior Advocate) 16 February 2010
Your client's father has died intestate. Therefore, the properties do not delve upon wife and children of deceased automatically. Wife and children need to obtain succession certificate from jurisdictional civil court after filing a suit. The procedure would take about a year. They need documents like family (geneological) tree, affidavit saying that they are the only successors, death certificate of the father, poperty documents etc. They need to advertise in a local newspaper about the succession and invite objections if any. After proceedings, the court would grant succession certificate upon which they need to pay a court of about 7.5% of the market value of the property. Succession Certificate need to be registered in the sub-registrar's office and registration fee is 1% of the property value.
After succession certificate is obtained, mother and daughters can execute reqlinquishing deed on appropriate stamp paper that need to be registered.
ANKS (Self) 17 February 2010
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
