Transfer of property in name of mother
Rupesh
(Querist) 19 October 2015
This query is : Resolved
My wife has two brother. His father is not alive now. Her mother have some property jointly with her father and some with the name of her father only. Now her mother wants to transfer all property in her name. What is the procedure? One of his brother so arrogant and always bother her mother is it any way to transfer all property without involving him.
Rupesh
(Querist) 19 October 2015
In my question we want to transfer all the property in the name of my mother in law without involving his one son. Is it possible, if yes then what i have to do and what is the full procedure.
Rajendra K Goyal
(Expert) 20 October 2015
The property in the name of deceased would be inherited by all his legal heirs. It can not be transferred in the name of one legal heir without the consent of all other legal heirs.
Kumar Doab
(Expert) 20 October 2015
It is believed the deceased owner was Hindu.
His ClassI legal heirs shall share the property equally.
Check with local SRO/Ptwaari and by producing affidavit/ 'Legal Heirs Certificate', death certificate the names of CalssI legal heirs may be entered in mutation record.
Once all attain rights equal to that of an owner the unwilling son may agree to sell/relinquishment.
Register the deed properly.
If the son is unwilling partition suit may have to be filed, and if possible share by boundaries be determined .
Consult an able local lawyer.
P. Venu
(Expert) 20 October 2015
The deceased father's property is jointly vested with the mother and the children, if he had died intestate. No body can be divested of their share unless he/she willingly relinquish the same through a registered deed.
K.S.Srinivas
(Expert) 21 October 2015
Without the consent of the other brother (arrogant as stated by you), it is not possible to transfer the property in the name of your mother-in-law.
