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Eldho Joy (Technical)     25 August 2015

Property in the name of parents

Our family property was in the name of my parents.Five years ago my mother died.Now the property is in the name of my father and he wants to transfer it to his children.If the property is not transfered to the name of his children while our father is alive, what hazards are likely to be faced by the children later?

A registered will is sufficient?

Please advice.

Eldho Joy E



Learning

 6 Replies

S K KARNjhc (Legal Adviser)     25 August 2015

Here, your father can make a will wherein either his heirs or share holders would be defined by him, if not done so by him the entire property would have been declared to be intestate property & then you would require a succession certificate to get your shares in property.

Eldho Joy (Technical)     25 August 2015

Thank you for the reply.

What is meant by 'intestate property'?

Krishna Murthy Pasupula (High Court Advocate )     25 August 2015

Since the property is holding in your father’s name and willing to transfer his children , Absolutely  a Registered Will is sufficient

 

 

 

ram tripathi (md)     25 August 2015

My father died in 2003 leaving one 4 bedroom flat in Chembur Mumbai. We are 4 brothers but our youngest brother is residing there with his family. For last 10 we are trying to contact and talk for our share of propery but he never gives any heed to our request. Last week we went at the said flat to discuss abt the share in property but he made a police complain and removed us from the flat. He has removed our names from the ration card and got the title of the flat changed in the name of his son who is nominee of the flat. We contacted society office where we have submitted an affidavit regarding legal heirship of the flat.

In the society office only nomination papers are filed which thumbed by my late mother.There is no any Will submitted in society office but he says he has got the Will made by father.We have got all the evidences of legal heirship and have paid max share while buying the said flat. Xerox of the cheque and bank cfkt is there.

Please guide me the steps to proceed for for our share in the said property and also clarify about the expences required as I have to arrange.

Regards

Thanking you

rst

ram tripathi (md)     25 August 2015

cotinuation in our earlier letter..............

If unable to sell we will be interested in getting the flat partioned. So that we can occupy and stay in our share. please guide.

Eldho Joy (Technical)     01 September 2015

Dear Sir

Thank you very much for the advice.

 

Eldho Joy


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