amitgu 17 January 2015

Procedure to transfer immovable property

Hello,

My father expired recently. He has not done any will before death. He has immovable property registered in his own name in Delhi and NCR also. I wanted to know following answers:.

> Who are the legal heirs to acquire the immovable property.

> What is the procedure to transfer the immovable property and who all people need to be involved in this process.

I have mother, brother and grand parents.

Thanks,

Amit

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 18 January 2015

Dear, Everyone would get the equal share except your grandfather because he is a second class heir and others are class one heir .... You can get the legal heir certificate and get the property mutated in surviving legal heirs name .... Kapil Chandna Adv 9899011450

amitgu 19 January 2015

Thanks for your response Kapil. The property I have mentioned are self acquired and not inherited. Does Grandmother still have equal rights in the property?

Also, we want to nominate our Mother as owner for all the immovable property. How to go about the same, if the property are located in Delhi/NCR.

Thanks,

Amit

T. Kalaiselvan, Advocate (Advocate) 20 January 2015

The class I legal heirs of your deceased father consists of his mother, wife, and children. Thus all the four will get 1/4th share in the property. If you want your mother to be an absolute owner, all the other three heirs have to execute a registered release deed relinquishing their rights in her favor.