Atul Sachdev 27 January 2025
Hi We are 2 bothers and one sister with no dispute. Our Parents have a residential property on joint name mother being the first owner and dad was the 2nd owner. Dad expired 3 years back without any will. In the society records we 3 siblings are having nomination. How we can transfer the property on our name my mother can sign the gift deed and can register. Whether the society will transfer the property by moms gift deed if no what we can do further to get the same transferred thanks
T. Kalaiselvan, Advocate (Advocate) 27 January 2025
Your father was a joint owner in the property hence hi share in the property shall devolve on all his legal heitrs including your mother.
Your mother can transfer her share including her own share by gift deed in favor of all the three children after which all the three can become joint owners of the property.
Then you can mutate the revenue records to your names after which you can transfer the share certificate to your names in the housing society
Atul Sachdev 27 January 2025
How can we mutate the revenue records what all documents required since my father expired without the will do we need take the succession or LOA or as a nominee in society records we can transfer the property on our name via gift deed of my mother
T. Kalaiselvan, Advocate (Advocate) 27 January 2025
First obtain a legal heirship certificate indicating the legal heirs of yo0ur deceased father after which you can transfer the revenue records of the entire property to all your names. After this your mother can execute a registered release deed relinquishing her rights in the joint family property.
After that the property will devolve jointly on you and your siblings alone.
In case of practical doubts you can take the assistance of an experienced lawyer in the local and proceed as advised
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