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Dinesh Patel (Owner)     19 July 2011

Transfer of Mother House

 

My mother house in co-operative society in Ahmedabad has been transfered by my brother on his name when she was alive in 2003, when I checked with the society office they had showed me that on stamp paper of Rs.20/- it was hand written by somebody & it was also signed by my mother(I believe the signature has been done by my brother). In it was written that please transfer this property on my son's name and as per this letter i make a will to transfer this house on my son's name.

On that will there was no signatory of any witness and it was also not notorised as well as the house was transfered on my brother name when she was alive. She died in 2005. At present my brother is staying in that house.

Now my question is whether I will get my share from these house which has been transfered by my brother on his name?. The transfer of the house is legal or it can be cancelled?. I only came to know last year.  please advise.



Learning

 5 Replies

Bharatkumar (ADVOCATE )     19 July 2011

Your right in this property. U give a application to the Society and added your neme as per legal heir and uinform your brother that  he has do wrong procedure so he can also give application with u and added your name and correction in Society records. 

Bharatkumar (ADVOCATE )     19 July 2011

uniform - inform

krantiveer (Advocate)     19 July 2011

Mr Patel if it was transferred by your mothers Will, then it has to have witnesses on it, If it was transferred by sale it has to be duly stamped, and registered. If there are any shortcomings you can take legal action against your brother. But since he is your brother I would advice you to settle the matter amicably. Hope you are satisfied.

Dinesh Patel (Owner)     20 July 2011

Thank you sir. This means that the way he had transfered the house is not valid and now all the heirs name can be added in it. I just wanted to ask that in this property my father also can become one of the hier?

 

Thanks in advance.

Bharatkumar (ADVOCATE )     20 July 2011

If your brother not agree with u at that time u file a suit for probate of WILL (means u Challenge the WILL in Court) No, Your father is not become a legal heir of your mother.


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