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shamasundar (superintendent )     30 March 2010

successors when father dies without will

Dear experts I have the following question:

 

Father is allotted a site by a house building society which is registered subsequently in 1990. Lease cum sale deed is executed after payment of full amount of value. Lease period is for 10 years. The possession certificate obtained in 1992. Father dies in 2008. He has surviving wife and two daughters one of them married. The local urban developent of authority transfers the khatha in the name of wife after obtaining affidavits from daughters.

whether the daughters have no claim on the property after khatha is made in the name of their mother

whether release deed by the daughters is a must before transfer of khatha in mothers name

if the property is to be sold whether the agreement to sell/sale deed should be by only the mother or all the three should be party to such agreement/sale deed

whether the property can be registered in sub-registrar office only on the basis of the khatha certificate issued by urban development authoirity or there will be an objection



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     30 March 2010

The Query has all the details, but for the content of the affidavit. If the affidavit declares that the daughters have no objection in the transfer of the property in their mother's name and renounce their rights, then they will have no right to claim any property now. Please revert on the contents of affidavit for more clarity

vasudevan

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 April 2010

I do agree with Mr. Vasudevan.

girishankar (manager)     02 April 2010

HM


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