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T Dinesh kumar (doctor)     03 November 2013

Transfer of property

sir/mam,

following the death of my father, the will executed by my father became alive. myself, my mother and my sister are the legal heirs of my father. In the above said will, my father has given life entitlement and interest to enjoy the property in my mothers name ( Anubhava bathyam in tamil)  and full rights and ownership in my name. but  mothers is not ready to give no objection to transfer property in my name. so i have decided to transfer the property both in our names- me and mother. is it right? please give me your valuable suggestions in this regard



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     04 November 2013

Your mother has been conferred with the rights to enjoy the property all through her life time, this cannot be denied and she cannot be evicted from the property so there is nothing wrong in registering jointly on both of your names, however in the said deed the recital should be that your mother is entitled only for  life time enjoyment of the property and she has no rights to sell the property.  This deed will be appropriate so that you do not have to worry about any other encumbrance in it.

BAALASUBRAMANNYAMM (Advocate)     05 November 2013

I am not seeing any relief or remedy, if you want to transfer the property on you and your mother. Because, it is an admitted fact that your mother is enjoying the same, during her life time as pert the said will . Here you have to  observe one more thing that when your mother is not willing to give no objection to transfer on your name, how she is accept to execute another deed of  transfer of property.  If your mother accepts, then proceed as you wish. 


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