Transfer of property
Devendra
(Querist) 16 December 2015
This query is : Resolved
My father died last month without leaving a will.
During my childhood, my father's name was changed with my Uncle's name (for sake of taking admission in central school) and now all necessary documents bear name of my Uncle as my father.
Now what is the best procedure to get the property transferred in my name along with my younger brother and sister?
If I get that transferred in my mother's name and then get a will, would that be the right way to deal with?
Guest
(Expert) 16 December 2015
What about your sister is her father name also changed? Changing name of father is crime without process of adoption and due steps taken. Get your mother alone declared heir in class 1 ( she therefore gets 100%). Then let your mother will it further to you both is ratio she wants. That would be a tribute to your mother by giving her charge first and then getting from her as per her wishes. Since it is internal matter of your family and no outside claimant. Things are easy and you can plan it your way.
P. Venu
(Expert) 17 December 2015
Wrong name of the father in the school/educational certificates should not and need not be a constraint in inheriting the property which belonged to your father. In fact, you already has the right vested.
Hemant Agarwal
(Expert) 17 December 2015
IF THE DECEASED's PROPERTY NEEDS TO BE TRANSFERRED, IMMEDIATELY, THEN do as follows:
1. FIRSTLY, using the services of a competent local lawyer, affect the change of full name, to proper and true name, thru a Govt. gazette publication.
2. AFTER ABOVE, since the deceased has expired without a Will, execute a "Family Settlement Deed" with Mother, Brother, Sister & Uncle (as confirming party) and mention all your mentioned points and distribute the deceaseds property, as required and agreed by all. This deed needs to be duly stamp duty paid and duly registered, with the local registrar of sub-assurances.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Expert) 17 December 2015
'Good alternative approach>Quesrist can follow this
R.K Nanda
(Expert) 17 December 2015
nothing to add more.
Rajendra K Goyal
(Expert) 17 December 2015
The property would be inherited by all other legal heirs (legally in the present situation your claim is disputed) and they can give your share by family settlement or gift to you.
T. Kalaiselvan, Advocate
(Expert) 26 December 2015
In a family settlement this name cannot be considered as a hurdle. As all your family members know the factual background nobody should dispute about this issue at all. Because just a mistake in the name shall not dis-entitle you the legitimate share in your father's intestate properties.
Consult a local advocate if you face any legal issue in this.
