My father passed away in April without writing a will. Legal heirs are my sister & myself (both of us based in Nagpur) Following properties are held in my father’s name- 1. Cooperative housing society flat in Mumbai 2. Cooperative housing society flat in Navi Mumbai 3. Residential home in Chennai 4. Agricultural land in Pune 5. Residential plot in Nagpur 6. Cooperative housing society flat in Nagpur We intend to allocate properties 1,2,3 & 4 in my name and properties 5&6 in my sister’s name. My sister is wheelchair-bound because of a spinal ailment and is unable to travel out of Nagpur to execute any relinquishment deed. Queries: Kindly suggest steps we need to follow to execute the intended division of properties keeping in mind my sister’s travel impediment. Any way to execute division of mentioned properties without attracting stamp duty?
1)you can execute gift deed in favour of your sister for properties 5 and 6
2) sister can execute gift deed in your favour for properties 1 to 4
3) if she cannot travel she can execute POA in favour of family member for executing gift deed
4) specific POA should be stamped and registered
Hi, your sister may executed General Power of Attorney to her husband or you. Basis of the General Power of Attorney you can execute either Partition Deed or Release deed which ever is convenient to you.
2. The property located in two different states the stamp duty is differ from one state to another state. Better you can contact any local advocate.
Let your sister execute (after getting them properly drafted by a lawyer) separate deeds of relinquishment in respect of each of these properties. Let her also execute a specific PoA in your name for the purpose of registering the relinquishment deeds at the respective land registries. Get the specific PoA registered with the registrar of assurances at Nagpur and then proceed to register the relinquishment deeds based on the registered specific PoA in your name.
You both can execute a partition deed mentioning the allotment of differnt properties to each other by drawing a schedule of properties to each accordingly.
Get the deed registered in a common registrar office within which at least one of the properties is situated.
After that you can get the properties mutated in the revenue records on the basis of this registered partition deed.
You can divide the same through registered settlement deed between you all legal heirs
Will a legal heir/succession certificate need to be obtained before execution of relinquishment/partition deeds? Also, will a partition deed also attract stamp duty similar to relinquishment deed?
succession certifcate is only for movable debts and securities
legal heir certifcate is not for immovable properties
gift deed or relinquishment deed should suffice
No need if all legal heirs are consenting
Partition deed is not required
You can make a family arrangement deed where both you and your sister will agree about the distribution of your father's estate between you two
The family arrangement deed can be made on a stamp paper of Rs 500 only and is required to be signed before a notary
The notary can be called at home to do the notorial act since your sister cannot travel. Ofcourse he will charge his fees for that
Once the family arrangement deed is executed the parties can then register release or relinquishment deed in favour of each other such that they become exclusive owners of their respective properties agreed under the family arrangement deed
The release deed attracts only Rs 200 in Maharashtra
For other states you will have to inquire with local lawyer
The release deed has to be registered which too can be done using the POA of your sister
The POA can be signed before the sub registrar. Under the registration act the sub registrar can come to your house if the executant is not able to appear personally before him due to a bodily ailment
The release deed has to be registered before the jurisdictional sub registrar. For eg for the Mumbai property the release deed has to be registered before the Mumbai sub registrar of assurances
A formal legal heirship certificate will be needed in order to complete the flow of title so that you or your sister dont face any problem in future at the time of sale of your respective properties
There is no need for a legal heirs certificate or succession certificate for the execution and registration of relinquishment deeds. The death certificate of your father will do. Yes, stamp duty at the rate prescribed in that State is payable.
The legal heirship certificate would be mandatory to prove the details of legal heirs or successors in interest to draw a registered partition deed.
2. The applicable stamp duty would be required to be paid.
Dear client,
For the registration of above mentioned properties in your and your sister names you has to make a family settlement deed with sign of all family members in it and file application in sub registrar office with ownership document, and succession certificate for transfer of property.
Thank You.
- As per law , after the demise of father, his property would be devolved upon you and sister equally , if mother is not alive.
- If you both wanted to settle the problem , and agreed to divide the property as mentioned by you , then both can entered into a registered Partition deed amicably.
- Further, if she is unable to appear before the registrar for the said registration , then she can execute a POA in favour of any relative or nearest one for the same.
