R A Kumar (IT Manager) 26 September 2011

Construction of house on inherited property

Sir

I am caught up in a complicated situation and I am trying hard to find a solution.

My father bought 1.5 grounds in Chennai city in 1966 and built a house on it. He passed away in 2001 leaving behind his daughter, wife and son (me) but no will. We are the legal heirs of this property. The house is still in his name.

My mother and sister have released their share of the property in separate Release deeds in 2010. My mother has also written a will in my favour.

The situation I have is:

1. Can I sell this house? Is there any time limit after release deed execution that I need to wait? Do I need to transfer the house in my name or do I automatically become the owner of the property?

2. For plan approval, in case of building a new house by demolishing the existing property, should I transfer the patta and property in my name? Will there be any problem in future that can be legally challenged by the In-laws and minor son of my sister?

Please clarify as I am kind of stuck trying to resolve this.

Thanks.

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kumar t v s (advocate) 26 September 2011

Sri R A Kumar,

You have not mentioned whether the release deed is registered before the Sub Registrar. If the release deed is registered, you are the absolute owner of the property. The reason being, you are any way owner of 1/3 rd share as per succession act. The rest 1/3 each is released in your favour by the other co-owners.

The release deed comes into force upon registration and you can sell the property without any further documentation. Since the property is a house, you may need to get your name mutated in municipal records.

For demolition and new plan you need to approch the municipality or local authority. The in-laws of your sister cannot challange the release deed, but if there are flaws in the release deed say for eg. with regard to consideration, your sister may have the right challange the same.

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