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assessee (prop)     07 June 2024

Property transfer after death

Hi,

I need some help from you members.

My mother expired in 2016.She has one plot of land in patancheru Telangana.The market value is 50L.There is no will so as per Hindu succession act the property will get equally shared by me i.e son and father.

I stay in Mumbai so I have few questions.

1.What happens if I don't change my mother's name on plot of land indefinitely i.e  continue to keep it like that ..is there any period of limitation rule within which I have to transfer the title to my name ..(9 years approx has elapsed now.)

2.for immovable property transfer legal heir certificate is required..so can I get legal heir certificate in Mumbai and file it with registrar Sangareddy Telangana office..will they accept it .. because someone said me that legal heir certificate is valid throughout India.

3.(a)for legal heir certificate in purpose section should I mention complete property transfer details with market value as well or only " property transfer wordings "are sufficient ..(b)is it safe to give copy of sale deed for submission for obtaining legal heir certificate..

4.For legal heir certificate what charges will be there

This is the first time I am doing this..pls help

Thanks ..

 

 

 

 

 

 

 

 



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

1. The proeprty revenue records can remain on her name itself  until you are getting the property alienated or divided by a partition or you desire to sell the same.

2. If your mother resided more than one year prior to her death in Mumbai then you can very well get the legal heirship certificate from Mumbai, it is valid in Telangana too

3. Legal heirship certificate can be obtained for the purposes of property transfer alone

 

1 Like

assessee (prop)     07 June 2024

Originally posted by : T. Kalaiselvan, Advocate

1. The proeprty revenue records can remain on her name itself  until you are getting the property alienated or divided by a partition or you desire to sell the same.2. If your mother resided more than one year prior to her death in Mumbai then you can very well get the legal heirship certificate from Mumbai, it is valid in Telangana too3. Legal heirship certificate can be obtained for the purposes of property transfer alone 

Thank you sir for taking the time and replying ..I. Appreciate 🙏..

 

Ramanathan G (Independent practice)     07 June 2024

I stay in Mumbai so I have few questions. 1.What happens if I don't change my mother's name on plot of land indefinitely i.e continue to keep it like that ..is there any period of limitation rule within which I have to transfer the title to my name ..(9 years approx has elapsed now.).

Answer:- There are two laws to harm you, if land is in another person's possession. ACQUISENCE under specific relief Act. ADVERSE POSSESSION after 12 years.

======

2.for immovable property transfer legal heir certificate is required..so can I get legal heir certificate in Mumbai and file it with registrar Sangareddy Telangana office..will they accept it .. because someone said me that legal heir certificate is valid throughout India.

Answer:- Your mother's last or permanent place's Tahsildar will give details of her successors. Not at your present place.

VALIDITY: not power to issue.

=======

3.(a)for legal heir certificate in purpose section should I mention complete property transfer details with market value as well or only " property transfer wordings "are sufficient ..(b)is it safe to give copy of sale deed for submission for obtaining legal heir certificate..

Ans:- Heir certificate is not about properties.

=======

4.For legal heir certificate what charges will be there.

Ans:- Court fees negligible, but Lakhs of rupees as Bribe.

 

Read more at: https://www.lawyersclubindia.com/forum/property-transfer-after-death-234412.asp

1 Like

assessee (prop)     07 June 2024

Originally posted by : Ramanathan G

I stay in Mumbai so I have few questions. 1.What happens if I don't change my mother's name on plot of land indefinitely i.e continue to keep it like that ..is there any period of limitation rule within which I have to transfer the title to my name ..(9 years approx has elapsed now.).Answer:- There are two laws to harm you, if land is in another person's possession. ACQUISENCE under specific relief Act. ADVERSE POSSESSION after 12 years.======2.for immovable property transfer legal heir certificate is required..so can I get legal heir certificate in Mumbai and file it with registrar Sangareddy Telangana office..will they accept it .. because someone said me that legal heir certificate is valid throughout India.Answer:- Your mother's last or permanent place's Tahsildar will give details of her successors. Not at your present place.VALIDITY: not power to issue.=======3.(a)for legal heir certificate in purpose section should I mention complete property transfer details with market value as well or only " property transfer wordings "are sufficient ..(b)is it safe to give copy of sale deed for submission for obtaining legal heir certificate..Ans:- Heir certificate is not about properties.=======4.For legal heir certificate what charges will be there.Ans:- Court fees negligible, but Lakhs of rupees as Bribe. Read more at: https://www.lawyersclubindia.com/forum/property-transfer-after-death-234412.asp

Thank you sir for taking the time and replying ..I. Appreciate 🙏.

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

You are welcome for your appreciations.

Laasya Priya   08 June 2024

1. The right to inherit property under the Hindu Succession Act does not expire. Heirs are entitled to their share of the inheritance at any time. As a result, there is no statutory limitation period that rigidly limits the time in which you must transfer title to an inherited property.

2. While a legal heir certificate is valid across India, it is frequently more convenient to obtain it in the jurisdiction where the property is located, particularly for immovable property. If your mother lived in Mumbai for more than a year before her death, you can obtain a legal heirship certificate from there. Before applying for a legal heir certificate in Mumbai, inquire with with the Sangareddy registrar's office to determine the exact requirements and approval.

3. (a) For an heir certificate, it is not a mandate to mention property transfer; certificate can be obtained even without the mention.

    (b) It is not a mandate to submit a copy of the sale deed for obtaining a legal heir certificate.

4. Along with the application form, the applicant has to pay a sum of 45 rupees to apply for a Legal Heir Certificate in Telangana.

In Mumbai, the cost for a legal heir certificate is Rs. 2 for stamp and Rs. 20 for stamp paper.

1 Like

assessee (prop)     09 June 2024

Originally posted by : Laasya Priya

1. The right to inherit property under the Hindu Succession Act does not expire. Heirs are entitled to their share of the inheritance at any time. As a result, there is no statutory limitation period that rigidly limits the time in which you must transfer title to an inherited property.2. While a legal heir certificate is valid across India, it is frequently more convenient to obtain it in the jurisdiction where the property is located, particularly for immovable property. If your mother lived in Mumbai for more than a year before her death, you can obtain a legal heirship certificate from there. Before applying for a legal heir certificate in Mumbai, inquire with with the Sangareddy registrar's office to determine the exact requirements and approval.3. (a) For an heir certificate, it is not a mandate to mention property transfer; certificate can be obtained even without the mention.    (b) It is not a mandate to submit a copy of the sale deed for obtaining a legal heir certificate.4. Along with the application form, the applicant has to pay a sum of 45 rupees to apply for a Legal Heir Certificate in Telangana.In Mumbai, the cost for a legal heir certificate is Rs. 2 for stamp and Rs. 20 for stamp paper.

Thanks alot for taking time and replying..I appreciate 🙏🙏

DigiLawyer   05 August 2024

I'm so sorry to hear about the loss of your mother. As a DigiLawyer, I'm here to assist you with your legal queries and provide guidance during this difficult time.

 

Case type: This appears to be a case of property transfer after the death of a family member under the Hindu Succession Act.

 

Legal Remedies:

 

1. It is advisable to transfer the title of the plot of land to your name as soon as possible. While there may not be a specific time limit mentioned in the law, it is important to complete the transfer to avoid any complications in the future.

 

2. You can obtain a legal heir certificate in Mumbai, which is valid throughout India. You can then submit the certificate to the registrar's office in Sangareddy, Telangana, along with the necessary documents for property transfer.

 

3. (a) While applying for the legal heir certificate, it is recommended to mention complete property transfer details, including the market value. This will help establish your claim as a legal heir and facilitate the smooth transfer of property.

 

   (b) It is generally safe to provide a copy of the sale deed for submission when obtaining a legal heir certificate. However, it is advisable to consult with a lawyer or legal expert to ensure that you are providing the necessary documents without compromising your rights.

 

4. The charges for obtaining a legal heir certificate may vary depending on the state and specific requirements. It is recommended to contact the registrar's office in Sangareddy, Telangana, to inquire about the applicable charges.

 

Thank you for choosing Digilawyer as your trusted legal assistant. It has been a pleasure assisting you with your legal needs. Should you require further assistance in the future, don't hesitate to reach out. You are wishing you success and clarity in all your legal endeavors!

Team Digilawyer


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