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S.R. (DBA)     28 September 2011

Tranfer of inherited property

Respected Sir/Mam,

My Father passed away 4 years back without leaving any will. All of the properties are in our father's name. 

We are 4 brothers and our mother are legal heirs of the property. Now one of the brother is demanding more share and we are not able to transfer the property in our name equally in 5 parts.

We asked him to sell the property and divide share equally but he is not ready to listen because he is rich and is not in a hurry to settle the case and wants us to compromise.

Can our Mother tranfer her share in the names of rest of 3 brothers without NOC of the 4th brother ?

P.S.  We are battling case in the court also, which will take too much time.



Learning

 3 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     28 September 2011

Dear S.R.,

yes your mother can relinquish her claim throuhg Release Deed / Relinquishment Deed which requires no consent from your brother.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 September 2011

when matter is in court try legal methods , half way methods will create problems than solutions.

anubhav (student)     28 September 2011

Respected Sir


My father applied for house property before marriage and also nominate his brother and sister name for such property in case of his death in the application form.Then he got married and after marriage such property is registered to his name(it is self earned property). Unfortunately he expired last year.He left no will.we have no succession certificate from the Court.

Q1. Now Is it possible to transfer such property to my mother name without consent or NOC by father's brother and sister. We(me & my sister) have already submitted released deed in favour of my mother name.

Q2. If my father's brother and sister have any objection in such case what will i do?

Q3. Do father's brother and sister have any Legal Right on such property or not.

Q4. What is the status of my mother legal Right in such a property and also suggest me legal clouse in indian Property Law so that i can tell those govt officers who demanding to me a NOC & Photo id prof of my uncle & Bua. 

Kindly give me advice as soon as possible.For which i shall be thankful to you.

Also give me your contact no if it is possible to you.

Regards,

anubhav

 


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