My mother passed away in April 2019 in Nagpur, Maharashtra. She didn’t make a will. Immovable properties in her name include - 1 house in Chennai, 1 apartment in Nagpur & 1 residential plot in Nagpur. My Father, my sister & myself are the 3 legal heirs. My father wishes to relinquish his share in succession in favour of my sister & myself. What will be the procedure to get a legal heir certificate or succession certificate so that property is transferred as per the family agreement?
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Apply for letters of administration from Bombay High Court Nagpur bench or district court having jurisdiction
2) your father can execute consent affidavit relinquishing his share in property
3) you would get LA in 6 months
4) succession certificate is only for movable debts and securities
5) legal heir certificate would not serve the purpose
1. First of all your father shall have to register a Relinquishment Deed in favour of his both the daughters.
2. Thereafter you two shall have to register a partition deed dividing and demarcating the property by metes and bounds.
For inheriting the immovable property, a legal heirship certificate issued by the revenue department/tehsildar's office would suffice for completing the name transfer formalities.
You can apply for legal heirship certificate from the office of the revenue department/Tehsildar within whose jurisdiction your mother lived for more than a year prior to her death.
If your father is desirous of relinquishing his rights in all the properties left behind by your deceased mother, he can execute a registered release deed before either of one of the registrar's office where at least one of the properties is situated.
However in the said release deed, there should be a mention of all the properties to which he relinquishes his rights.
Suppose if my sister & myself also mutually relinquish their part shares so that properties get completely transferred in 2:1 ratio among both of us, will the process be - 3 relinquishment deeds, followed by application to court for Letter of Administration ?
If all the three relinquish your shares in the properties then who will be be the beneficiary of the properties that have been left behind by your decesed mother?
If your father relinquishes his rights in the proeprty then his share of property shall devolve equally on the remaining legal heirs/successors in interest, similarly if your sister also relinquishes her rights in the properties, then the entire properties shall devolve on your alone.
Therefore please be clear that what actually you want to clarify by raising this query now.
You don’t need to execute relinquishment deed if property is to be in your joint names and only your father is relinquishing his share
Let me rephrase the question to be more precise. My father wishes to relinquish his share completely from the 3 properties. Further, we wish that I alone inherit the property in Chennai in my name & my sister inherits the remaining 2 properties in Nagpur in her name alone. What will be the procedure?
Your sister and father can execute gift deed for property in Chennai in your favour
you and your father can execute gift deed for properties in Nagpur
To your latest query, the suggestion is as follows.
After your father relinquishes his rights in the property by executing a registered release deed, the entire properties devolve on you and your sister alone.
Now you both can draw an amicable partition between you both by allocating the properties to each other as per mutually agreed terms and conditions.
In the partition deed you can make two schedule of properties in which the property allotted to each other shall be mentioned accordingly in the respective schedule of properties.
You can take the assistance of a local document writer to prepare the partition deed as per the terms agreed between you both and get it registered before a registrar office.
Yes you can do the aforesaid. Relinquishment deed, settlement deed or gift deed anything can be executed
Apply for a LA
The appointed administrator will register transfer deeds for the properties in the manner as mutually agreed between the legal heirs
For example, for Chennai property, the administrator will register a transfer deed in your favour with your father and sister joining as confirming parties in that transfer deed
apply and obtain legal heir certificate and execute Relinqushment deed. it should be duly stamped and registered.
1. If you and your sister relinquish your individual shares of your deceased mother's property then you two will be left with no share of her said property.
2. In that case, your father shall have the full share of the said property.
1. After your father relinquishes his share of the property, you and your sister shall have to register a partition deed partitioning the properties left by your mother in whatever way you feel like.
2. After registering the partition deed jointly signed by both the sisters, you shall have to mutate the properties in your own name by submitting copies of the said partition deed.