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murali (SA)     30 September 2019

family settlement

Good morning, my father died without any will. My father has a wife , eldest son, four daughters. Iam the 4th daughter. my father has a self acquired house of 80 sq.yards .My mother is staying with me. All the three sisters and mother willing to sell their share in the house to me with some monetary benefits as iam looking after my mother except my eldest brother. He neither looking after my mother nor willing to give me his share in the house. Still the house is in the name of my father. Please guide how to get the house registered on my name of all shares except my brother's. By leaving his share i.e leaving one room can i get the house registered on my name in sub registrar office without my brother's consent. he is not talking to any one of us.Whether I should apply for sale deed or otherwise any other way. Kindly suggest the best way. Thankyou


Learning

 6 Replies

Shashi Dhara   30 September 2019

U file partition suit in court and take your share and your sisters share with consent and court will allot Ur brothers share.then after wards divide it as per court orders and take possession and effect khata to your name.

murali (SA)     30 September 2019

thankyou sir for your valuable information. before approaching court can i get relinquishment deed registered in the registrar office as all the sisters already gave their consent to give their share to me and then shall I file partition suit

Shashi Dhara   30 September 2019

In court themselves give consent then going to registrar office for relinquishment is not necessary.only waste of money and time.take decree in court with their consent.

william P cardoza   01 October 2019

the flat is in my wife name purchased in1992 stamp duty is paid share certificate is also transfer after 27 we came to know by the society member that our flat registration is not done what should we do to get it registered now

Shashi Dhara   01 October 2019

Issue legal notice to register it if not then file declaratory suit in court.

Sri Vijayan.A (Legal Consultant)     01 October 2019

Dear Ms.Murali,

Suit for partition is suffice.

So, you can approach Court.

But the thing is, the suit may take a long duration, during the time, any of your sisters may change their stand. 

In that likely situation, it is advised to get the release deed executed by your mother and 3 siters. In that situation you are 5/6th share holder and your brother is only 1/6th share owner.

Then you proceed for partition suit or any other suit, it is easy and performable. The expenditure for release deed is cheaper only.


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