Gouse 08 June 2018
Kumar Doab (FIN) 08 June 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
IT is better to partition by boundaries amicably by registered partition/family settlement deed.
Kumar Doab (FIN) 08 June 2018
GO thru;
FAQs ON REGISTRATION ACT
Q1.How ownership of immovable property is acquired?
Ans:-A person may acquire immovable property in any of the following ways: By inheritance of ancestral property.
Q2.Is it necessary to register in office of the sub-registrar to get patta/khata transferred (mutation) in respect of property acquired by inheritance?
Ans:-Not necessary. After the death of owner of a property his heirs, such as wife, children i.e. male and female, married or unmarried may, as per respective personal law, get the Patta/Khata transferred on production of death certificate of the owner with details of property held by him to the following officers. If property is an agricultural land – Mandal Revenue Officer ( under Andhra Pradesh Land Revenue Act); if property is house or vacant land in a city/village other than agricultural land -- Offices of Corporation, Municipality, Panchayat or City survey if such office exists
https://registration.ap.gov.in/CitizenServices/FAQS/Registration_FAQ.pdf
Raghav Arora 08 June 2018
Hi! Thanks for the question! Here you are required to furnish some more information on whether you have any other siblings or not who may have a share in the property? Is your mother his only wife?
Then if you are entitled to the property, you will have to furnish an affidavit disclosing the detail of your brothers and sister - how many were born and how many alive. Then you will have to provide the death certificate of your father. All the IDs of the siblings and your mother. A declaration that you are the legal remainders of the deceased. Attested copies of the documents related to the property.
These documents will be submitted to the Tehsildar and after they have been inquired, a report will be submitted by the ilaqua Patwari and your name/mother's name shall be mutated in the record accordingly. This will even require unobjected relinquishment of property deed in your name or your mother by the other members if any.
It may take upto 3 months for this process to get finalized. Good Luck!
Kumar Doab (FIN) 09 June 2018
Gouse 12 June 2018
Thank you very much Sir for the response..
I have two siblings and one is married. There is no share on any body including me. My mother and siblings telling me to transfer to my name. they do not want it on their name. For transfer on my name, instead of going to MRO office, Can I do this process online?
For the same agriculture land, I want to pay tax after or before transferring to my name. How can I do this? Few years back, my father has sold some part of the land to others. I have taken a fresh adangal and same is showing on others name who brought it. Could you please help me out on clatifying these details? Thank you very much for your previous responses