Help regarding transfer of share in apartment
harish
(Querist) 05 August 2014
This query is : Resolved
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Devajyoti Barman
(Expert) 05 August 2014
YES, GIFT OR RELEASE IS BEST OPTION TO GET HIS SHARE.
harish
(Querist) 05 August 2014
Thank you for your kind reply sir
Will this remain valid incase some will lying with some family member or someone in the society crops up?
I'm sure grandfather died intestate but you never know with some unregistered will.
Dont want to end up back in square one after all this effort.
Also what about sucession certifiate and partition deed difference?
ajay sethi
(Expert) 05 August 2014
1) succession certificate is issued in name of legal heirs ie your mother , you and your cousin
2) partition deed is for division of property among the legal heirs
Surrender K Singal
(Expert) 06 August 2014
Relinquishment Deed of all your cousin's rights, entitlement as per succession or any WILL etc. may be got registered and then apply for transfer directly to you with another relinquishment deed in your favour from your mother; Otherwise, it may be transferred to your mother jointly with you if your cousin relinquishes his share in your favour;
harish
(Querist) 06 August 2014
Thank you sirs for your kind reply.
The relinquishment deed will be unchallengeable if it is properly registered ?
T. Kalaiselvan, Advocate
(Expert) 07 August 2014
Under the given situations, first you have to confirm who else are the legal heirs to your deceased aunty(paternal)other than the cousin about whom you have mentioned. If there are no other legal heirs to your deceased aunt other than her this son, the property left intestate by your grandfather will be shared by all the three in the proportion of 50% share to your cousin and remaining 50% t devolve upon you and your mother. If your mother and cousin are willing to relinquish their rights in your favor, they can very well execute a registered release deed separately by each of them in your favor after which you can dispose the property as per your desire. Please ascertain that there are no other legal heirs who will stake their claim to a share in the property in a later stage and then proceed.
harish
(Querist) 08 August 2014
other than my cousin there were no other children to my aunt.
She had a husband but he remarried sometime in the 1980s and abandoned my cousin with my grandparents when he was 2 yrs old.
No idea what happened to him as this was years before my mothers marriage
I am only child of my father.I have a uncles (chachas and mamas).Do they qualify?
ajay sethi
(Expert) 08 August 2014
you had said that your garnd parents had only 2 children your father and your aunt .
now you are sating their are your chachas? from where did they spring from ?
better contact a local lawyer .
Surrender K Singal
(Expert) 09 August 2014
Do not confuse with social chachas who are not children of your grand parents, who had only your father and aunt !
harish
(Querist) 09 August 2014
Yes the chachas are from my paternal grandfathers brother(who is also deceased from long back) and mamas are my mothers real brothers from same grandfather(maternal).
Kumar Doab
(Expert) 10 August 2014
The author should post clear query in first post itself.
From your posts it can be ascertained that you surely want to save your money and get the share of your mother and your cousin transferred to you.
However in present case you shall be rather saving your precious time and hard earned monies by proceeding under expert advice of an expert lawyer.
In your last post you have stated............."from same grandfather"
Is the Paternal Grandfather and maternal Grandfather same person? How?
It is believed that Deceased owners were Hindu and Hindu Succession laws shall apply, and Flat in question was self acquired by them and not inherited by them.
The ownership of Flat is by Paternal Grandfather and Paternal Grandmother 50% each.
It is believed that Paternal Grandmother acquired this 50% share from her Husband and not her Parents.
(A) 1. If yes:
Paternal Grandfather has died in 2001 and thus succession has opened in 2001.
The 50% share of Paternal Grandfather shall first come to his Children i.e 1 Son (your father) and 1 daughter (your paternal Aunt) 50% each.
The 50% share of your father shall be further divided (50% each) amongst his spouse and children i.e. your mother and you.
2. The remaining 50% share of your paternal aunt has come to her from her Parent, hence here as per Hindu Succession laws first right shall be of legal heirs of her father and not her husband, in case of absence of his sons or daughters.
She has a son hence he shall succeed to full share of your paternal aunt.
He is mentally NOT sound and is being treated also.
Your lawyer can guide you can his share be transferred or not and if yes how?
3.The Paternal Grandmother has died in 2009 and thus succession has opened in 2009.
It is believed that your Paternal Grandmother has acquired the property from her husband hence the first right will be of the heirs of her husband, in case of absence of his sons or daughters
The Paternal Grandmother had 1 son (your Father) and 1 daughter (your paternal aunt) and both shall get 50% each from share from your Paternal Grandmother’s share.
(B) If No then you may assess the share of each legal heir as per Hindu Succession laws explained above.
How come your Mammaas and Chachaas sprung up and claim a share?
Your lawyer can effectively handle the case at your hands.
Succession Certificate can put all speculations to rest.
