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Vipul Sachdeva   16 November 2023

Transferring shop in name of wife

Hi,

My MIL has a shop that was in the name of her late husband and his brother. There have been several points of disputes but now, the brother has agreed to transfer it in the name of my MIL. Wanted to understand what's the process to execute it? Should there be a transfer from the original agreement (i.e., late husband + his brother) to my MIL + his brother first or can we do one agreement to transfer it? What all agreements are involved and any formats available? Any help will be appreciated.



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     17 November 2023

If it was a registered deed on the names of both your father inlaw and his brother and that if your father in law's brother would like to transfer his share in the property to your mother in law, he can very well transfer his share in the property to her name, however since the other legal heirs of your father in law are also entitled to a share out of your father in law's share in the property, the other legal heirs also have to execute a registered release deed relinquishing their rights in the property after which your mother in law can become an absolute owner of the entire property

Dr. J C Vashista (Advocate )     17 November 2023

Very well analysed, opined and advised by learned expert Mr. T Kalaiselvan, I fully agree and appreciate his acumen.

Brother of your father in-law may transfer his share in the name of his sister in-law (your mother in-law).

However, share of her deceased husband (your father in-law) would devolve upon and succeeded by all of his LRs, including your mother in-law. 

It is appropriate to consult a local prudent lawyer with relevant docuemts for proper appreciation of facts / documents, analyse and advise.

Vipul Sachdeva   17 November 2023

What are the typical amount required by the government? This is per mutual understanding but i understand there needs to be some transaction 


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