Hi
I'm staying in a flat in Mumbai coop housing society since 1950 and we are three siblings 2 brothers and 1 sister. Initially the flat was on my fathers name and during the time my father was alive myself 'A' and my brother 'B' made a family agreement in year 1993 where I paid him some 'x' amount as part of his share. My father made a will (in year 1995) where he stated that my brother 'B' has no right, claim or interest in the property as he already got his share, the property would belong to me 'A' after his demise but he even stated in the will that incase if he dies before my mother then the property would be transfers on my mothers name. My father died before my mother and based on the will society MC transferred the flat on my mother’s name (without paying any stamp duty or registration charges). Later my mother made will (in year 2010) where she stated that the property would be equally divided between my sister 'C' and myself 'A' after the law which came into act just few years before which says even daughters have a right on parents property. Now myself 'A' and my sister 'C' have mutually agreed on a decision in which she is not interested in claiming 50% of the property.
Now I have few queries:
1. What are the documents required for transferring the flat from my mothers name on my name 'A' and to have complete till of the property
2. do I have to go via gift deed or release deed (from my sister) and pay stamp duty and registration charges or even affidavit would work (from my sister) as the flat is still on my mothers name as per the society registry and I could save some amount on stamp duty and registration charges.
3. Do I require any document from my brother 'B' in above mentioned case?
Response appreciated
Regards,
Hemant
