Jeet (CA) 29 November 2013

Inherited property porbandar gj

Respected Sir.

I currently live in London. My mother had a Will produced in India and within the Will myself and my brother have inherited a property in porbandar GJ

Within my family we are 2 brothers and 4 sisters (sadley one sister has past away) We all live in London.

we have all agreed that we would like to transfer the property to my son who is the only son between us two brothers.

Currently my brothers wife's (my sister in laws brother) lives here and he has been living here for over 20 years without paying any rent.

I am asking for help and guidance on what I should do to transfer this property to my son.

I look forward from hearing from fellow members.

Thank You.

Reply Follow

1 Replies

Suneet Gupta (www.vashiadvocates.com) 01 December 2013

Dear Sir,

There are 02 options:

Get your mother's will probated and transfer the property transferred in your and your brother's name. Then both of you can execute a gift deed in your son's name.
File a petition in the Local (Porbandar) court for transfer of property directly to your son. In this case you will need a No Objection Certificate from all the legal heirs of your mother, i.e. your brother and all your sisters. The court might also insist on NOC from their children i.e. your nephews and nieces.

The first option is easier and will be faster. As regards your sister-in-laws brother, you will need to file an eviction suit, if he is not ready to vacate on his own.

Thanks,

Suneet