Hi
My father passed away intestate leaving behind a house in Delhi. I have 1 sister and 2 brothers (total 4 kids).
All of us want to transfer the ownership of the house to my mother and there is no contesting party.
Based on my preliminary understanding, I thought I will have to obtain a succession certificate for transfering ownership. However a lawyer has suggested that rather than getting a succession certificate I should get a relinquishment deed signed by the 4 children favoring the mother. He mentioned there are 2 benefits of this approach versus getting a letter of succession
1. While succession certificate takes a minimum of 1.5 years the relinquishment deed can be registered in 2 weeks.
2. If we go through the relinquishment deed we dont have to give a 4% court fee on the current market value of the house.
Can someone experienced in the field comment and/or confirm this?
Appreciate your help.
Tanvi