Property transfer from father to a son

Dear querist,

All the legal heirs will execute release deed in favor of brother whom they want give property.

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1. Regarding your father's land:  Your brother in India has to apply for and obtain a Legal Heir Certificate from the Tehasildar of the locality.  In the Application, he has to enclose the Death Certificate of your father and mother. He has to give all the names of the legal heirs of your deceased father i.e.  all the brothers with their age details, including the brother's details who is in India.  For this, your photographs, identify proofs etc., would be required.

2. After verifying the facts, the Tehasildar will grant the Legal Heir Certificate.

3. Once Legal Heir Certificate is obtained, then each one of you have to give a separate Relinquishment Deed (Compulsorily Registered with the Sub-Registrar's office where the property is situated).  But, being Citizens of other country, probably you would be able to get the Relinquishment Deeds endorsed/embossed by the Indian Embassy and that should do. (This aspect has to be got checked up).

4. On the basis of the legal heir certificate and Relinquishment Deed, your brother in India will be in a position to get the property mutated in his name.  (He should always carry with him the original title deeds of the property, the legal heir certificate and the Relinquishment Deed).

Dear Sir,

Many thanks for the clear guidance on how to proceed with the property transfer.  Regarding endorsement of Reliinquishment of Deeds, instead of seeking endorsement from the Indian High Commission,  which is 400km from my home, can I get it Notarized by a legal firm in my area?

I found out that my father's property title is misplaced , in this case what is the procedure to search and seek a copy of the title. Which Office in Kerala should I lodge to get a replacement copy.  what are the documents will be needed to get a copy of the title. 

Your help and guidance will be much appreciated.

Regards

K. Kannan

Notarisation (equivalent to attestation) will not do.  

You have to apply for Encumbrance Certificate of the Property by giving details like House No., Street name etc., of the property by applying to the Sub-Registrar's office in whose jurisdiction the property is located.

Once you get the E.C., it will indicate in whose name the property is and as per what document.  Based on that, you can apply for certified copy of the document (as detail of the last document will be available in the E.C.).  You have to apply for certified copy from the same Sub-Registrar's office.

Dear Sir,

Many thanks for the step by step  process  for the property transfer. Very helpful and much appreciated.  

One question, do we need to appoint a legal firm to undertake this transfer process or can I do it myself. How long this transfer process will take  if I do it myself.  Your reply will be appreciated. 

Regards

K. Kannan