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Dinesh R. Mishra   15 August 2017

Transfer of property

Property is in the name of my grandmother inherited through guardianship of my father. Grandmother died, father also died, now how can i get this property transferred in the name of my mother.


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 8 Replies

Siddharth Srivastava (Advocate)     15 August 2017

All the legal heirs of your grand mother have right to inherit the property. You can get the mutated by way of succession certificate from court.

Kumar Doab (FIN)     15 August 2017

Which personal law applies in this case

say; HIndu?

Confirm!

Kumar Doab (FIN)     15 August 2017

Apparently;it is simple matter of inheritance: ‘Intestate Succession’.  

The process and procedure and forms might also be available on website of O/o Authority under whose property falls e.g; MC….

Or it is certainly available in O/o Authority…………

Generically speaking: The certified copy of death certificate, legal heir certificate are basic requisites…………….

The O/o Authority may  transfer ownership in the name of Legal heirs. 

 

Kumar Doab (FIN)     15 August 2017

In case of  Hindu woman the nature and source of property matters.

The legal heirs of Hindu woman in case the property is absolute/self acquired, are: Husband ( If alive as on date of death), sons, daughters.........

In case of  Hindu male the 1st right is of ClassI legal heirs i.e; Mother ( If alive as on date of death), Wife ( If alive as on date of death), sons, daughters.........

 

Kumar Doab (FIN)     15 August 2017

If husband of Grandmother ( Grandfather) has deceased after death of Grandmother then equal share shall devolve upon him.

After his death his share shall devolve upon his surviving ClassI legal heirs...

Kumar Doab (FIN)     15 August 2017

If husband of Grandmother ( Grandfather) has deceased after death of Grandmother then equal share shall devolve upon him.

After his death his share shall devolve upon his surviving ClassI legal heirs...

Sankalp Paliwal (Advocate)     15 August 2017

it will revert back to legal heirs of your father if your grandmother got part ownership after death of your father

else if ur father died after the death of your grandmother than property will devolve in name of all the legal heirs of your grand mother as per hindu succession act

it will also come in your name as your father is no more...

for getting your names entered in govt record contact local office

Dinesh R. Mishra   15 August 2017

Thank you all for your quick response. Here i would clarifiy on more thing. The money my grandmother got to purchase the plot and construct the house was the money left for my father by my grandfather in his nomination out of the settlement dues from railways. My grandmother was appointed as guardian because my father was only 12 years old at the time of death of my grandfather. During her lifetime, my grandmother had to transfer the property to my father as an obligation of gurandianship but was not done. Can it not be done at a later stage and the property then transferred to the legal heir of my father i.e. my mother ? Why all the legal heirs of my grandmother are involved. I have the guardianship deed with me.


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