Transfer/sale of property
Lajpat rai thakral
(Querist) 24 November 2012
This query is : Resolved
Our father owned a landed house proerty in his single name. He died in the year 1999 without transferring the property in the name of his legal heir i.e. wife or sons and daughters. Now what is the fate of this property. His wife is living and he has three sons and two daughters. How this property can be sold legally with proper documentation or how his sons and daughters can get share in the property. Moreover how daughters can willingly relinquish their share in the property as per traditions in our society/family. whether any family agreement on plain paper not registered legally has any bearing as to receiving share of the property. A family agreement on plain paper was written in 2002 valuing this property on market rates as rs 16,00,000 and it was divided into four shares i.e. mother and three sons and one brother was given Rs 400000/- being his 1/4th share with right to again share the 4th share i.e. in the name of mother into three brothers. Now the property has become most costly due to emergence of a commercial market hence whether this plain paper family agreement will legally affect and whether the son who got Rs 400000 in the year 2002 can claim any amount in the present value of property if it is decided to sell the property
Devajyoti Barman
(Expert) 24 November 2012
After his death if intestate then his title in the property devolves upon his legal heirs i.e. sons , widow and daughters in equal shares.
Now any of them can relinquish his/her share in favour of any other co sharers by way of registered deed of relinquishment.
ajay sethi
(Expert) 24 November 2012
since your father did without leaving nay will his wife and children inherit property equally . if family arrangement merely records the aarrangement then it need not be stamped and regd . but if it divides property among leagl heirs the document needs to be stamped and regd otherweise inadmissible in evidence
Raj Kumar Makkad
(Expert) 24 November 2012
I HAVE ALSO SIMILAR OPINION AS EXPRESSED ABOVE.
