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Arpita   21 May 2020

partition of land

our property is in our deceased grandmother name .how to transfer it to my father.what is the expenditure in transferring of the property.?


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 5 Replies

Manogya Chava   21 May 2020

Greetings, the tranfer is conditional and circumstantial based on the will that has been provided by your grandmother and the lack of the same thereof. if there is no will it is termed as intestate propert and first goes on to the spouse of the person, the children, so on and so forth.

The process for the same involves visting the Court and retainng a Sucession Certificate and the process moves on to Movable Assets, Assets Debts etc. You may understand better with this link - 

https://www.lawyersclubindia.com/articles/inheritance-under-hindu-law--4148.asp

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.)     22 May 2020

Dr J C Vashista (Advocate)     22 May 2020

Whether your grandmother has inherited the property?

Who is the LR of your deceased grandmother in her parental lineage ?

Whether she has executed any document such as Will/ Gift etc.

Incomplete facts posted by you can not lead to form proper opinion and oblige.

P. Venu (Advocate)     22 May 2020

Where is the question of transfer? The property that is left intestate is already vested with all the legal heirs of your late grandmother i.e. the grandfather (if alive) and all the children, your father included. What is required is to execute a partition or settlement deed.

G.L.N. Prasad (Retired employee.)     22 May 2020

First always depends on professional advice.  First you have to apply for a legal heir certificate from revenue authorities and submit an original death certificate.   They will make inquiries and provide you a list of legal heirs of your GM.  If your father is the only legal heir of your mother, you can apply for such a mutation process.  The process is simple.  You have to apply in prescribed format and remit fees.   Even in case of a valid will, you can contact an advocate and follow the laid down procedure for mutating the property in your father's name.

If there is more than one legal heir to your GM property, you have to enter into a family settlement written deed, get the shape of award from Legal services authority, and get the deed indexed through them.

The costs are most reasonable and may not exceed Rs.2,000/- in all.   Some municipalities may impose penalties for late mutation.


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