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Narender Kumar (IT Consultant)     27 August 2012

Gift deed/ sale deed required

My parents are expired and we are two brother, we have all the legal documents like, Legal Heir certificate, Dealth Ceritificate  of my parents.


The property is the name of our Father. We wanted this to be transferred to our names myself and my brother,  not sure what process needs to be followed in my case.

Can you please advise.

Thanks in advance,



Learning

 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     27 August 2012

dear narendra, since you have legal heirship certificate and the death certificate of your parents, kindly go to the talhati office with these documents and get your name in the mutation entry. your name will be entered in the mutation book and from then you shall be the owner of the property. Regards, Advocate Rohit Dalmia 9324538481

Narender Kumar (IT Consultant)     28 August 2012

As i said we are two brothers and the property needs to be transferred  to both of us equally.  As of now the documents are on my Father's name i wanted this to be legally transferred to both of us.

Not sure whether it needs to be done under gift deed or partition deed.


Can you please advise.

Adv Rohit Dalmia 9324538481 (Lawyer)     28 August 2012

As you have said you are 2 brothers. since, you have obtained legal heirship certificate, you need not file any partition suit. further, you cannot execute any gift deed as your father is no more.

 

if relationship between you and your brother is fine, then you both just go to the talathi office alongwith the legal heirship certificate, death certificate of your father and your address and photo id. proof. based on which talathi shall automatically puit the name of yours and your brother in the said land records.

 

by default both of you shall have equal share in the property. but, in case anyone of you doesnot wants the share then the said brother needs to give relinquishment letter in favour of the other brother.

 

Regards,

Advocate Rohit Dalmia

9324538481 

Sh S. Kumar (Other)     02 September 2012

You can contact me for the Drafting and Registration of Partition Deed, Relinquishment Deed and Mutation of the property.

SK Gupta

91-8800-418408

https://www.onlinepropertyregistration.com/


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