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Transfer of property

(Querist) 12 July 2014 This query is : Resolved 
My Father was holding a flat jointly with his unmarried sister ( My Ant). She expired in may 2001 but unfortunately my father did nothing to drop her name. My father also expired in March this year without any will. My father was having 1 brother ( Alive ) and 4 sisters ( Including the holder of property and only one of them is alive now) and my mother , 2 married sister and my self are legal heirs for my father. What would be the procedure to adopt now to transfer the flat on my mothers name.
Thanks
Shashank Saraf
Devajyoti Barman (Expert) 12 July 2014
Your mother and your brother and sisters inherit from half share f your father. The other half is equally divided among the brother and sisters of your aunt.

Son your mother can become its sole owner only if the other co-sharers relinquish their respective shares in favour of your mother.
Dr J C Vashista (Expert) 13 July 2014
I agree with the expert advise of Sh. Devajyoti Barman.
malipeddi jaggarao (Expert) 13 July 2014
Nothing more to add.
Rajendra K Goyal (Expert) 13 July 2014
Agree with the experts.
Rajendra K Goyal (Expert) 13 July 2014
Agree with the experts.
ajay sethi (Expert) 13 July 2014
agree with Mr barman
Raj Kumar Makkad (Expert) 13 July 2014
I have also similar opinion.
T. Kalaiselvan, Advocate (Expert) 14 July 2014
Since your father and his one sister were joint owners of the property, upon the intestate death of both the owners, half share of your deceased father will devolve directly upon his legal heirs namely his wife, children, mother (if alive) and about the second half of the property, it will devolve upon the Class II legal heirs of your aunty provided she has no class I legal heir or remained unmarried till her death. The class II legal heirs will constitute her brothers (including her deceased brother,i.e., your father who died subsequent to her death) and her sisters. This way,your father's legal heirs will be entitled to a share out of the half share of your deceased aunty (if your aunty remained unmarried as on the date of her death). Partition on this line will be the proper way.


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