Fathers Property

You go thru., the Maharastra stamp ;act.  IN my opinion agreement of sale registration is must if possession is handed over to the purchaser.

My father died Six months ago. he was having clear title of the property. Now I want to transfer it on my name.My mother is alive and I have a married sister also. Can it be transferred on my name? what will be the procedure? kindly guide me. My mother and sister agrees that thay don't want this property.

When you have a registered sale deed in hand, there is no requirement for registration of agreement to sell.  Please be rest assured that your dad is very much in possession of a valid, marketable and enforceable and absolute legal title to the property.  

[In fact agreement to sell is only an intermediary stage before the Sale Deed is Executed by the vendor.  Rather it is a document which the vendor would have been bound to execute the Sale Deed in favour of the buyer, so long as the buyer abides by the terms of the agreement to sell and is ready and willing to pay the consideration.]

Dear Mr. Sahay,

It is presumed that the property in question is self acquired property of your father.  Such a property will, on the death of the person concerned, will devolve on the legal heirs by way of inheritance.

If it is a self-acquired roperty, all the three of you i.e. your mother, your sister and you are the legal heirs of your father's property and have equal share in it.

If the said property is to be now mutated in your name, then your mother and sister have to execute a Registered Relinquishment Deed to the effect that they relinquish their respective shares in your favour.  On the basis of such a Registered Relinquishment Deed, you can get the property mutated in your name in all the records.  Stamp duty on such Relinquishment Deed would be very very less.

Pl tell me where should I approach for the said Registered Relinquishment in the registry Office or in the Block office. What are the doccuments required for that? And one thing I wish to share u that this property came on my father name by a registered divison among five brothers. I am not having the Original papers of the property as it is with my Bade papa (Uncle). I am having a duplicate true copy of the registered deed (not photocopy). Will this also matters? thanks