Name transfer regarding
M.RAJA.
(Querist) 22 August 2011
This query is : Resolved
sir,
my father died in an roadaccident,we have one house in the name of my father,me,mother,sister and grandmother are the legalheirs of my father, my grandmother also died,but she has ten sons.
what is the procedure for transfer the property to my mother name?
whether the legalheirs of my grandmother wantto be signed for changing the property?
plz give me proper direction via dineshrajaips@gmail.com
jatin sharma
(Expert) 22 August 2011
first of all plz tell me, the house in the name of your father only or above all person?
M.RAJA.
(Querist) 22 August 2011
The house is in the name of my father only
jatin sharma
(Expert) 22 August 2011
ok, then its quit simple. all the member of ur family signs in favor of ur mother in registrar office of ur local station. the legal heirs of ur grandmother have no role to play in ur property.
adv. rajeev ( rajoo )
(Expert) 22 August 2011
You all legal heirs will have to relinquish your rights over the property in your mother's name.
K.S.Srinivas
(Expert) 22 August 2011
I agree with mr.jatin sharma.
prabhakar singh
(Expert) 23 August 2011
IF the property of your father was his self acquired,and he died anyway leaving behind his mother, widow(your mother),a son(you)and a daughter(your sister)THEN ALL OF THESE 4 have inherited equally according to section 8(a)read with its class I schedule of Hindu Succession Act1956 (relevant portion reproduced below)
8. General rules of succession in the case of males.
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
HEIRS IN CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
AND YOUR FATHER LEFT BEHIND HIM Son; daughter; widow; mother;AS YOU HAVE STATED.EACH ONE WILL GET 1/4,AND YOU ALSO SAY THAT YOUR GRAND MOTHER(your fathers'mother) DIED AFTER YOUR FATHER LEAVING 10 SONS,SO THESE 10 SONS WILL INHERIT OUT OF THEIR MOTHERS'1/4 EQUALLY THAT BEING 1/40 in accordance with provisions laid down in section 15(1)(a)of the said Act(relevant portion reproduced below)
15. General rules of succession in the case of female Hindus
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
16. Order of succession and manner of distribution among heirs of a female Hindu
The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate's property among those heirs shall take place, according to the following rules, namely:-
Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
I SUPPOSE HERE THAT YOUR GRAND MOTHER DID NOT LEFT ANY DAUGHTER AND ALSO HER HUSBAND(your grand father)PREDECEASED HER.
AT THIS STAGE I EXPRESSLY SAY OPINION EXPRESSED BY Expert : jatin sharma CAN NOT HOLD WATER IN VIEW OF LAW EXPRESSED ABOVE
AND I UNLIKE Expert : K.S.Srinivas WISH TO DIFFER AS EVEN 10 SONS OF YOUR GRAND MOTHER HAS A ROLE TO PLAY.
IF YOU WANT IT TO BE RECORDED EXCLUSIVELY IN YOUR MOTHERS' NAME AS OWNER, it can be done only by a registered deed of RELINQUISHMENT DEED signed by YOU,YOUR SISTER,AND all 10 sons left behind by your grand mother IN FAVOR OF YOUR MOTHER.
Shastri J.K.
(Expert) 23 August 2011
I also agree with mr.adv. rajeev
