Property Deeds

Querist : Anonymous (Querist) 14 April 2010 This query is : Resolved
Hi!
This is cynthia , I am from Goa and My mother in law have a property next to my husband's house and she want to give some part of this to construct a house for us , however my husband has 3 more brothers and 4 sister all married & settled.
they are okay with that we are constructing over that property .Now my concern is that we want to be clear on everything and don’t want any hassle after the house is ready hence we want to get the property on transferred on my husband’s name and then build the house. Please guide what is the best deed we need to go for is sale deed /gift deed as we also need to get bank loan to construct the house

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R.R. KRISHNAA (Expert) 14 April 2010
Your mother in law and all her children (3 brothers and 4 sisters) all together can execute a RELEASE DEED in favour of your husband releasing/relinquishing all their rights in the property in favour of your husband. This is sufficient.

It is advisable to register this RELEASE DEED.

Raj Kumar Makkad (Expert) 14 April 2010
As the property is self acquired property of your mother in law so she can given any of its part to any person including your husband and no permission or acceptance of all other brothers and sisters of your husband is required for that purpose but even if you want to settle all the things for ever then it is better to get decree of family settlement in the civil court wherein no expense except lawyers fee shall have to be incurred.

Querist : Anonymous (Querist) 15 April 2010
Thanks Mr. Krishnaa

now I want to know that all the brothers are not India as all of the brothers are working aboard, However the other 2 brothers will be travelling and will be in India for 20-25day along with my husband .However one brother will be still not in town and his wife does not have any power of attorney’s in this case how do we go about RELEASE DEED.
Cynthia

Querist : Anonymous (Querist) 15 April 2010
Thank you so Much Mr. Raj Kumar.
What is decree of family settlement and how long does this process take and does all the Brother & sister's are required to be present in the civil court.
As we both me & My husband are working aboard and we are planning to travel only for this matter to India for 20-23day in this time my husband other 2 brothers will be available along will all the sisters .however one brother won’t be there during this time and his wife does not have any power of attorney’s so in this case how do we go about.
Awaiting your reply
Cynthia

BHANU RASPUTRA (Expert) 15 April 2010
pl. execute gift deed and register it by paying stamp duty applicable in goa. it is immdiate relief and transfer in your husband name or u want to give some money then to prepare sale deed with registration . it is also immediate solution.

Querist : Anonymous (Querist) 15 April 2010
Thanks Bhanu Rasputra!
So for the gift deed or sale deed is all the brothers & sisters required if no then it is fine but how long does it take
And if yes then what if one brother is not in country and his wife has no power aswell in this brother absence how do we go about it .
Awaitng your response
Regards
Cynthia

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