Legal ownership

it is fine. if all the legal heirs give their consent of ownership in favour of one single person. there is no problem in that.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

We got a house in hyderabad in my father name and my father expired in 2003. We are 4 brothers and 2 sisters all are married and mother is with me.  All my 3 brothers are willing to give this house to me in single person name.  Can I transfer this property as gift deed or by released deed, future it must not be a problem.  Can i take permission from my sisters also.  Which way is the best to have property transferred in single person name of my family members.  Futurely i have to construct this house by taking housing loan from banks , what type of deed required for loan. 

Dear Mr. Damodar, in order to get full rights over the father's property, all ur other brothers and sisters will have to execute relinquishment or rlease deeds in ur favor. Pl consult ur Advocate who will draft a proper document and get it registered. pl note registrtion is compulsory. otherwise the document will not be legally valid. If u do as above u will have full rights over he property and u can deal with it infuture in wahtever manner u wish.

One of my relative Mr X has 2 brothers (married) and 1 sister (married) with mother (widow). Last 17 years, his mother (at Goa) and brother (at Varoda) are not staying with him. Sister got married and also not staying with him. Mr. X bought elder brother share on his name around 20 yrs back so Mr x has 2 shares now. Mr X is paying society rent for last 17 yrs. Bother, Mother and Sister's ration card is not on current address for last 17 yrs.

Now, brother is asking Mr X to pay rent for 17 yrs with compound interest. Can legal heir ask for the rent from another legal heir?

Mr. X has spend almost Rs 10 Lacs on mothers care and medical. Can Mr X claimed this amount with interest from other legal heir?

Can Mr X claim complete ownership on Property by any law?

 No rent can be claimed by the non resident brother, as  he has not claimed for the last 17 years. He should be deemed to   have wiaved such claim by his own conduict in not sharing the outgoings etc. X can calim from  his two brothers and sister to share the expenses incurred by him for looking after the mother. It is joint responsibility of all the brothers and now even of the sister. The claim should be within the limitation period (three years) 

Thank you Mr. Gupta for the reply.

Can Mr. X claim on whole property for staying last 17 yrs?

They also have another property at native but elder brother took his part (Rs 4 lacs) by making the deed in favor of remaining all but in actual Mr. X paid that amount to elder brother. can he claim 2 parts or can he ask Rs 1 lac each with interest?

While answering ur query earlier I proceeded on the basis that the property in querstion is ancestral property. If this is correct, u may note that all the children of ur father , i.e., all brothers and sister have equal undivided share in the property, until the peoperty is partitioned or all of them relinqiuish thier respective shares in favor of one of them, they continue to be the joint owners, irrespective of the fact whehter they are living together or seperately. Hence for u to become the sole owner of the property u will have to get the shares of ur remaining brotehr and sister (one brother's share u had already purchased).  

Thanks Mr. Gupta.

Regarding earlier claim you said that the claim should be recovered within three years. But younger brother had disappeared for 17 years and has returned back now. How can someone recover the money/expenses from disappeared person? Can hon. court consider this point.