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Divya (nil)     17 October 2010

Transfer Of Property Share

Please guide me.

My brother, father, mother are equal partners in house property which has been taken on a bank loan...Thus my brother has 1/3rd share in the said property....

My brother has been taking money by way of cash from my mother to the extent of 10 lakhs. Now since he is not able to repay the money, he has mentioned on a plain piece of paper that he has transferred his property share to his mother. At the same time he does not want to get that paper registered....

How do we tackle this????

How can we make this a legal document???

Please help.



Learning

 4 Replies

unique horn (self)     17 October 2010

Best way is to get it registered ...That paper can be used as a proof for your case and it is not a valid document until it is registered. 

Anburaj (Principal)     20 October 2010

Hi, After my father deceased..in the legal heir certificate names of my mother, brother,myself and also grand mother ( Grand father expired) came.. one of my fathers property was given to me via release deed. Both my mother and brother gave the release deed, however when we asked the registrar on the grand mother name ..it was told it is not  required..

Now when i apply for patta transfer, it was rejected by the department saying why my grandmothers name is not in release deed..it is a property fully acquired by my father..

Registrer informs it is not required, if they insist asks me to produce a no objection letter from the garnd mother signed by a notorary public..i am ready to that ..but patta transferer is not ready to do that...

I do not know who is wrong in this, and also required possible solutions.

 

 

SACHIN AGARWAL (ADVOCATE)     21 October 2010

Since you are hindus and are governed by Hindu Law of succession. Under Hindu Lal of succession, your grandmother is also the legal heir of your father and on the death of your father, your grandmother also inherrited he proeprty as such the signatures of your grandmother are mandatory on the Release Deed.

 

Now you have the option to get a fresh release deed from your grandmother to the extent of the share she inherited on the death of your father and get it registered. The second option is that your grandmother may execute  a "will' of her sharte in your favour but you would acquire the said property after your grandmother.

Anburaj (Principal)     21 October 2010

Does a Letter of Release by my grand mother on a stamp paper signed by notary public is enough for going ahead for patta transfer.

As per my Present Release Deed ( stamp paper - Rs 10,000 - Governemnt value of sq .feet - Rs.500 - Total extend of my land - 2415 sq feet ) my mother and brother has stated they release the 2/3 ( of the total 3/3 - including me ) undivided share of the total property to me. Can a Seperate release deed can be given by my Grand mother, will it fetch the same cost of my earlier release deed and stamp papers. I need some help desperately please...as the papers is pending in patta division, and they threaten.

Which would be the best option.

 


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