Maharastra CHS: father is second onwer and is no more.
Querist :
Anonymous
(Querist) 25 July 2011
This query is : Resolved
dear all
thanks for the opportunity for ppl like to me to raise quieries.
this question is related a property @ pune brought by me and my father in 2004 ( first name is me and 2nd name is my father). in 2008, my father expired without a will. i have a mother, a elder sister and two elder brothers ( all stay outside pune except my mother who stays with me). i want to protect my interest of the house now and in the future.
how can i remove my fathers name from the house property and conver the house to my name completely. the other members of my father family are willing to give a POA to me to decide on the future of the house.
what is the exact process to be followed.
thanks for the support. all correct answers welcome,
and thanks for your time.
R.Ramachandran
(Expert) 25 July 2011
You cannot remove your father's name now.
The 50% share of your father will go by way of inheritance equally amongst all his legal heirs. The legal heirs of your father are his mother (if alive), his wife (i.e. your mother) and all son(s) and daughter(s).
Unless your grand mother, mother, brother(s) and sister(s) give a Registered Relinquishment Deed, relinquishing their interest in the property in your favour, you cannot get the property in your name.
Power of Attorney will have no legal sanctity and validity. They have to give Registered Relinquishment Deed in your favour.
AMIT SANKLECHA
(Expert) 26 July 2011
Dear
File a suit for Partition & make all the other members respondent in the same suit. Futhur file a compromise in the same suit & then the property can be transferred in your name.
Even if there are any other property, which requires such change of ownership, the same can be done in the same suit. Thus there is no need to execute any reqluinshment Deed seperately, mere statement of persons in the compromise deed is sufficeient to remove their share in the property as owned by your Dad.
Hope this will help you. For any furthur queries, do revert back.
--
Regards
Ameet Sanklecha
Voice: +91-9923143334 / +91-9421333343
e-mail : ameet.sanklecha@gmail.com
website :www.landlegal.in
R.Ramachandran
(Expert) 26 July 2011
Any suit as suggested by Mr. Ameet will be seen through by the Court as a 'Collusive Suit' and will get dismissed.
Querist :
Anonymous
(Querist) 27 July 2011
thank you sirs for the reply.
what is the process for the Relinquishment Deed ?
thanks for your time again
regards
R.Ramachandran
(Expert) 27 July 2011
Please find attached a Model Relinquishment Deed for your reference.
Querist :
Anonymous
(Querist) 12 August 2011
thanks you sir Adv R Ramachandran.
i have gone ahead taking the support of an advocate here in pune with the release dead. the only difference is that i did a gift deed instead of release dead as the release deed was 5% stamp duty and gift deed is 2 %.
thanks for your advice.
i am going ahead with the document to remove my fathers name from the share certificates.
R.Ramachandran
(Expert) 12 August 2011
Either Gift Deed or Release Deed, so long as the same has been registered in your favour, it is OK.
