How do I transfer property from demised father to legal heir? What are the cost to be incurred?

How do I transfer property from demised father to legal heir? What are the cost to be incurred?

Three simple steps to transfer property from Demised Father:

  • Death Certificate
  • Family Tree from Revenue Department
  • Partition Deed

One of my NRI client, his father owned two property in Bangalore. One property in Shivajinagar Jurisdiction and another property in Basavangudi Jurisdiction

The father died without WILL, the legal heirs are wife, son and daughter.

The idea is to transfer one property to wife. Another property to son and daughter, 50% each


The application fee for death certificate is Rs.5. Within a day, we received certificate through Hospital staff

Refer to below Death Certificate:


Family Tree certificate: We filed an application in nearest Nadakacheri office. We need following documents to file an application

  • Applicant and family member ID proof (Aadhaar, passport or Driving license)
  • Applicant’s passport size photo
  • Affidavit attested by Notary (description about your family structure)
  • Death Certificate
  • Property tax receipt in demised father’s name

The application fee is Rs. 40. Took 4 working days to process the application, we downloaded the Family Tree Certificate in Nadakacheri website

Refer to below Family Tree Certificate


 

Partition Deed is to divide the property among multiple people usually among family members. In our case, wife, son and daughter are legal heir. In partition deed, wife is the first party. Son and daughter are second party.

Documents required for partition deed registration:

  • Deed (of how the demised father acquired the property)
  • Khata (still in the name of demised father)
  • Property tax receipt (still in the name of demised father)
  • Death certificate
  • Family Tree Certificate
  • Partition Deed draft

The government fee for partition deed registration is Rs. 7,255 including one duplicate copy.

In our case, two property locate in different district jurisdiction in Bangalore. One property locate in Shivajinagar Jurisdiction and another property locate in Basavangudi jurisdiction. I would like to mention that we can register partition deed in any of the sub-registrar office within this two district jurisdiction. We registered the partition deed in Basavangudi Jurisdiction (even though the another property in Shivajinagar jurisdiction)

Below is our registered partition Deed:


Note:

The primary document for transfer of property from demised person to legal heir are:

  • Death certificate
  • Family tree Certificate from Revenue Department

Once you acquire primary document, you can transfer property title to your name through multiple ways based on your need and requirement. For example:

  • If you are the only legal heir, you can do khata transfer to your name. Needless to register the deed in sub-registrar office
  • If the property is to divide among multiple legal heir, you may choose partition deed / Settlement Deed
  • If one or multiple legal heir wants to relinquish their share for exchange of consideration, you may choose relinquishment deed/ Release deed

For consultation, please write to us pgnproperties@gmail.com or WhatsApp to +91-97424-79020

Thank you for reading…

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