Joint house property , partition
rameshbaliramlute
(Querist) 11 December 2016
This query is : Resolved
We have joint property, 2 story house having 4 block of 3 rooms each, in my mother name.(deceased). Father also deceased. We have four brothers no sister. 2nd no. brother expired.(Legal heirs wife and 2 daughter). All legal heirs are major. We want partition of each block in each brothers name. What documents will be executed , is there any stamp duty registration fee applicable. We have another house single story in my mother name. Right now elder brother is acquire the house. We like to transfer this house in the name of elder brother. Is there any disclaimer is required from remaining 3 brother. In first case also how elder brother may give disclaimer to transfer the property in names of other 3 brothers.
Kumar Doab
(Expert) 12 December 2016
It is believed that you are Hindu.
Confirm!
Kumar Doab
(Expert) 12 December 2016
Believing that you are Hindu and NO WILL is left by deceased owner.
It is simple case of inheritance.
4 bothers shall share equally.
Share of 2nd brother shall devolve upon his ClassI legal heirs i.e. Mother,wife, sons and daughters.
Check with local authority under whose jurisdiction property falls.
Death certificate, legal heir certificate may suffice.
Thereafter obtain latest mutation record showing ownership in the name of legal heirs.
Prefer Registered Family Settlement, thereafter, mentioning all sides/boundaries/measurements etc ....
Rajendra K Goyal
(Expert) 12 December 2016
Enter into a registered family settlement deed.
Stamp fee / registration charges differ from state to state, discuss / consult local registrar office / local lawyer.
