Grandfather's house

Querist : Anonymous (Querist) 13 January 2012 This query is : Resolved
My grandfather passed away interstate few years ago after he built a 3 floors house. My father paid the loan and died interstate as well. My father has only 1 brother and he is not interested in the house. The house is still in my grandfather's name. My mother and brother live in the house presently. We are two brothers and my mother wants to give one floor to my brother and two floors to me. What is the legal procedure to do so?

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ajay sethi (Expert) 13 January 2012
first grandfather property has to be mutated in name of legal heirs . only then can your mother gift/bequeath the house .

Sankaranarayanan (Expert) 13 January 2012
yes i do agree with mr sethi , more over your uncle's concurrence and no objection must need for it, even your father paid money to repaid loan.

Deepak Nair (Expert) 13 January 2012
Rightly advised by experts

Rajeev Kumar (Expert) 13 January 2012
Right advise given by experts

Raj Kumar Makkad (Expert) 13 January 2012
Mutation of the house shall first be entered in the names of your father and uncle. Thereafter a fresh mutation shall be entered qua the death of your father.

You uncle shall have to execute and register a Relinquishment Deed in your favour as per understanding of your family at your own expenses.

M/s. Y-not legal services (Expert) 13 January 2012
you did not say anything about your uncle's status reg the property..

and you mother dont have any rights to gift the property to yours..

-tom-

Querist : Anonymous (Querist) 14 January 2012
My uncle is ok with signing a Relinquishment Deed, if required. If we get mutation done, it will be in name of all legal heirs(me, my mother, brother). But that will put us in equal share of the property. However, we want to do this in such a way that my brother gets one floor and I get two floors( brother has agreed to this).
How will we achieve that?

Also, we want to do this in a way where we can avoid any future conflicts over the property between me and my brother.

prabhakar singh (Expert) 14 January 2012
THAT CAN BE DONE ONLY AFTER MUTATION BY A SETTLEMENT DEED BETWEEN YOU TWO BROTHERS.

Devajyoti Barman (Expert) 14 January 2012
Yes rightly advised and agreed...

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