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Manjunath K   02 January 2020

how can we transfer the ownership of the property

Hi All,

What is procedure and documents required for transfer the ownership of the immovable property of deceased person to their relatives since their is no husband or sons or daughter to the deceased person.

Is there a chance to transfer the property.

Thanks for the reply.


Learning

 4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 January 2020

  1. Document based on which the deceased acquired the property
  2. Will if any made by the deceased
  3. It appears the deceased did not make any Will
  4. Then the next document is the Legal Heir's Certificate from the Revenue Authorities.

Once the above documents are collected, if the property can be devolved to the Legal Heirs as noted in the certificate given by the revenue authorities, then the legal heirs have to make a settlement deed to share the property among themselves and get the settlement deed registered.

 

If there are no legal heirs as per the Certificate issued by Revenue authorities, District Collector has to be intimated with full details for necessary action as the property of a deceased person with no legal heirs shall be taken over by the Government.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 January 2020

Originally posted by : Manjunath K
Hi All,What is procedure and documents required for transfer the ownership of the immovable property of deceased person to their relatives since their is no husband or sons or daughter to the deceased person.Is there a chance to transfer the property.Thanks for the reply.

1. Typically & technically a "legal heir certificate" is not a valid document for transferring a "immovable property".

2. Either a "succession certificate" or a "Letter of Administration" or a "Probate" is required from the state High Court, for immovable properties, which alone can give a  "Clear Title" in your favor. 

Keep Smiling .... Hemant Agarwal

VISIT: www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     03 January 2020

Though a legal heir certificate is not ultimate, if there is a legal heir certificate obtained in a bonafide manner without foul means, the parties can reduce the understanding in form of a settlement deed and can approach Lokadalat to get award status to such deed.

P. Venu (Advocate)     03 January 2020

Facts posted are incomplete. Who are the relatives? Do they come within the definition of legal heirs? Who is in possession/occupation of the property?


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