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SAROJKUMAR (Secretary)     18 April 2013

Succession procedure

My father is no more, he left us in November, 1994 leaving one property where our Mother is presently living.  He is not made any WILL.  We are 4 brothers and one sister.  All married and are having 2 children.  One of our brother i.e. 4th one also left this world in July, 2010.  He was living with my mother in the same house and now his widow and 2 children are staying in the same house with our mother.

Question : 1.  We want to now transfer the property of our father to our mother's name.  2.  What procedure we may adopt.  3.  Presently, my brothers widow has  no problem for giving consent for transfer, but she likes that she should get her share in the property by giving her flat  as share i.e. after transfer of property and thereafter sale of the same. 5.  Presently, our aim is that we want to transfer the property to our mother's name and thereafter we can take a call as per her will whether to sale or keep.  6.  Will there be any probelm for us in future, if we are delaying in transfer procedure and our brother's widow is continueing to stay in the same house viz she may not vacat the place for sale etc.

Basically, we want to know the procedure for getting proeprty transferred to mother's name and thereafter she can take a call for partition or making use of the property by construction.  By delaying future hitch may arise of my Brother's widow, as presently she is staying in the same house with our mother.

Awaiting guidance please.....



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 5 Replies

Ajit Singh Cheema (practising Advocate)     19 April 2013

The property shall be divided /transferred in the names of all the six legal heirs in equal shares. Then the share of your deceased brother shall go to his widow and two childern. All the legal excepting your mother can join and gift their respective shares to your mother.

SAROJKUMAR (Secretary)     19 April 2013

Thank you for reply pls... 

But can we all the legal heirs including deceased brother widow and one adult daughter give their consent through Affidavit for transferring the property in our Mother's name and got it registered with the Registrar of the town.  If yes, then will there be any repercussion of the minor child of my brother aged about 17 year in future.  If yes, then what is the procedure to get the property transferred in our Mother's name hassle free?

We are interested to transfer the property in her name and then she can take a call for partition, as the same is belonging to her after our Father's death.

Grateful, if you can guide us with some elaboration.

 

Regards,

SAROJKUMAR (Secretary)     19 April 2013

Thank you for reply pls... 

But can we all the legal heirs including deceased brother widow and one adult daughter give their consent through Affidavit for transferring the property in our Mother's name and got it registered with the Registrar of the town.  If yes, then will there be any repercussion of the minor child of my brother aged about 17 year in future.  If yes, then what is the procedure to get the property transferred in our Mother's name hassle free?

We are interested to transfer the property in her name and then she can take a call for partition, as the same is belonging to her after our Father's death.

Grateful, if you can guide us with some elaboration.

 

Regards,

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     19 April 2013

Dear Sir,

                      Affidavit is not enough to release the property , all of you jointly release your share and jointly execute Release Deed in favour of your mother and register in regitrar office in your area of juristiction.

SAROJKUMAR (Secretary)     21 April 2013

Thanks a lot Mr. Ajit Singh and Mr. Jayakumar for the guidance, will do the same as has been guided.  Further, will definately come back in case of any futher query and guidance pls.........

Regards,  Sarojkumar


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