How much time does it take to transfer husband's house to his wife after his death if he has died intestate. Sons are willing to transfer the house in mother's name and give up their claim. It is a standalone house in Pune, Maharashtra. How much time does it take and what costs are involved?
Apply for mutation of property in mother name
2) enclose father death certificate
3) consent of other legal heirs .latest receipt of payment of property taxes.if no objections are received mutation would be done in mother name
4) costs and time local lawyer can guide you
The sons will have to execute and register release deeds in favour of their mother
In order to ascertain proper flow of title to the legal heirs of the husband, an heirship certificate or letters of administration will have to be obtained from the Bombay High Court which takes time. For LA it takes 8 to 10 months whereas for heirship certificate it depends on the Court as and how the matter is listed on the board of the Court. This procedure is expensive and involves payment of court fees on the market value of the property, lawyer's fee and clerkage
The stamp duty on release deed will attract only Rs 200 and registration fee should also be nominal. Lawyer and registration agent charges extra
Giving indemnity to society with public notice and transfer of share certificate does not confer any valid title on the transferee. There has to be proper registered title deed.
Since sons have equal share along with their mother they are required to transfer their share in favour of their mother by way of registered deed of gift or release.
Thereafter the mother can mutate the property in her name.
The whole process is capable of being completed within a period of one moth.
The property left behind by its owner, who is reported to have died intestate shall devolve on his legal heirs consisting his widow, children and mother (if living).
If all the other legal heirs decide to transfer the entire property on the name of the widow of the deceased, then the rest of the legal heirs have to execute a registered release deed relinquishing their rights in the property.
The time taken would be less than a week.
The stamp duty and other incidentals may be enquired locally.
first you have to apply a legal heir certificate and it will take 30 days to obtain.
after obtaining the certificate, a settlement deed can be executed by the sons infavour of her mother and the said process can be done in one day.
cost depends upon the value of the property
Dear sir/madam,
This process may take up to 25 to 35 days. Some of the required documents for this process include the last paid tax receipt, attested copy of sale transaction deed, NoC (no objection certificate) from the particular housing society, rightfully filled application form with signatures.
- As per law, after the death of husband , his property would be devolved upon all the legal heirs, i.e. wife and children equally.
- Further , the children can release their respective shares in the name of mother after executing a Release deed.
- Further , the mother for becoming the only owner of the property ,should apply for getting mutation in her name after submitting death certificate and other proofs of the property .
- It will take maximum 7 to 20 days to complete the process , and the cost depends upon the person/advocate to whom you engaged for getting the said work done.
You need get the same transferred through office of registrar by filing appropriate documents or will. It can be done in a month
