On Denise of father his 50 per cent share in property would devolve  on your mother you and your siblings 

2) you and your siblings can execute relinquishment deed to relinquish their share in property 

3) it should be duly stamped and registered 

Get the Relinquishment deed executed and registered in favour of mother from the sons and daughters in respect of half share in the property. 

All the legal heirs of your father(except your mother) i.e., your paternal grandmother (if alive), you,  your brothers and sisters have to execute a registered Release/Relinquishment Deed in favour of your mother in the jurisdictional Sub Registrar's Office.

Upon intestate death of one of the joint owners of an immovable property, the share of deceased person shall devolve equally on all the legal heirs or the successors in interest to succeed to the estates of the deceased owner.

Therefore you, your siblings, if are desirous of making your mother and absolute owner your deceased father's share in the property, you all can execute a registered release deed jointly relinquishing your rights in the property, which will enable your mother to become an absolute owner of the entire property with clear and marketable title on her name.

Give a relinquishment deed in favour of your mother. All the legal heirs to your father, except your mother need to do this.

Contact a local lawyer to get this done. Make you register the relinquishment deed 

- Since, the said property is in joint name of father and mother , then after the demise of father , his 50% share in the property would be devolved upon all his legal heirs equally i.e. his share will go to his wife and children and mother of the deceases as well.

- The children can execute a registered relinquishment deed for releasing his respective share to make mother as the single owner of the property. 

release deed 

no just apply for mutation in municipal office. 

Apply for mutation of father share in name of legal heirs 

2) enclose father death certificate 

3) latest receipt of payment of property taxes 

4) legal heir certificate 

5) affidavit in support 

1.  Submit an application in the jurisdictional Corporation/Municipality/Revenue Office for mutation of the property in the names of  mother, son and daughter alongwith your father's death certificate and family tree.

2.  There's no need to create another sale deed and registration of the same.

- Apply for mutation of the property in the respective names. 

If we want to get the property in the name of all the surviving legal heirs name i.e. mother, son and daughter, what is the procedure for that? Should we create another sale deed and registry?

Ans. Do nothing. It happens automatically! You, your sister and mother(the three surviving legal heirs), inherit equally a fraction each in the 50% left behind your father in this property. As far as the remaining 50%, your mother continues to own it.

No need to create any document. Mother is already owner of half share and after the death of her husband, his half share vests in mother, son and daughter. They all can jointly sell the property .

No need to create any document. Mother is already owner of half share and after the death of her husband, his half share vests in mother, son and daughter. They all can jointly sell the property.  Or as advised earlier , son and daughter can relinquish their 1/3rd share each in half share of their father by executing Relinquishment Deed in favour of mother which will be registered in the office of concerned Registrar on payment of registration charges and meager stamp duty.  The advocate sitting in the office of Sub Registrar will get the needful done 

Dear Client,

In the Present Scenario, the Property was co-owned by your father and mother with a share of 50% each. However, after the death of your father, you have a query as to what is the procedure of transferring 100% of that Property in the name of your mother. With respect to this, firstly a legal heir certificate is necessary to be obtained that specifies the legal heirs of the deceased. For the same, your father's death certificate and identity proof of the legal heirs is necessary to be submitted. After obtaining the certificate, mutation of property may be done, so as to change the ownership and update the records of the land, in your mother's name. Besides this, considering the Hindu Succession Act, 1956, the property of your father would generally devolve upon your mother as a legal heir, being the spouse of your father. Henceforth, in accordance to the laws of India, the land would typically transfer to your mother and other legal heirs, but the other legal heirs may present a no-objection certificate to transfer the complete share of the property.

Hope you find this answer beneficial for resolving the dispute.

Upon the death of the deceased joint owner his legal heirs automatically joint owners or cosharers to the property left behind by the deceased.

There is no necessity for any registered document

Just transfer the revenue records to their names from the name of the deceased joint owner 

1. The share of your father will be devolved in favour of his legal heirs if he has died intestate i.e. without leaving any will.

2. In case you want a property to be wholly owned by mother. The other heirs can execute relinquishment deed and release the share in favour of the mother.

3. The procedure is to first make an agreement of relinquishment along with a draft for relinquishment or release deed and get it registered with concerned Registrar.

All the legal heirs of your deceased father shall have to register gift deed transferring his/her/their shares of the property in her favour.

1. 1/3th of your deceased father's property will be inherited equally by you, your sister and your mother.

2. So finally your sister and yourself will own 1/6th portion  each of the total property & your mother will own its 2/3rd portion.

3. You can make a partition deed of the property to that effect and register it.