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Rishi (CEO)     10 April 2013

Advice needed on change of title of property

Respected Members,

I had a query regarding the current status of our properties and the tranfer of title. It seems to me to be a little complicated and would need your opinion on the situation to understand it better.

My grandfather had created a will in 1987 in Mumbai and passed away in 1993. This will was never executed till date. He had 3 sons of which 1 passed away in 2006. Now there are 2 remaining brothers. All the properties are in Goa apart from a residence in Mumbai. There are litigations happening on a few of the properties but since the titles were never transferred to the sons the notices have continued in my grandfathers name. Our family lawyer used to pick these notices from the court and gave us access to these. He never felt the need to execute the will for 20 years for reasons unknown. The family lawyer passed away last year and since then we are having difficulties in getting the notices. My father and Uncle would like to now get the properties in their name so as to have the right title for possible disposal or usage of the properties as well as have access to the court notices.

The will was registered in Mumbai and the properties and cases are in Goa. One lawyer suggested me to get the will probated in Mumbai and then in Goa since the properties are there. I spoke to someone else and they suggested getting a succession deed done in Goa and then the property title can be decided by one of the brother giving an NOC. This he believed would be a faster and cheaper route to getting this done.

Having given the background, can someone please help me understand what would be the best and cheapest road ahead?

P.S - Sorry for the long query but felt it would help in giving the complete background. Also there is no dispute in the 2 brothers and the process is only to ensure smooth transfer of assets to the next generation.



Learning

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