Transfer of property (nri)

Make relinquishment deed of your sister giving away her right in the property. Once your mother gift the property then there is no need of her will for the said property. Adv Reeti Shah reeti@corpusjurislaw.com 9930285557

1. It is not understood how 'They are registered on my parents name with a clause that after my parents it would come to me "  when Salre Deeds for  those properties were executed and registered,

 

2. However, your sister is the equal shareholder of 50% of your father's share of the properties alongwith your mother and yourself, even if your mother gifts her share of the joint property,

 

3.  Get a relinquishment deed executed and registered by your sister giving away her right on the equal share of the joint property or at least her share on your father's share of the joint property,

 

4. After  registering the said relinquishment deed, get a gift deed registered by your mother in your favour.

Thank you for the replies.

Can you please clarify if I am needed in-person in India for this the relinquishment deed and gift certificate process. 

Regards, Gita

For accepting the gift and for taking possession of the gifted premises and also for registering the said deed, you are required to be present in India.

The property if registered jointly in the names of your parents, upon death of your father, his share in the property will be intestate and devolves equally upon all the three legal heirs, i.e., yourself, your mother and your sister.  Now upon this and in the situation, your sister should relinquish her rights and execute a registered release deed in your favor as far as her share in the property is concerned, your mother should execute a registered gift deed to the whole extent of her share on your name, both can be done simultaneously, upon which, you can apply for mutation of property on your name through the competent revenue authorities of each state.