Transfer of ownership between 2 heirs who were in dispute
S. SAILAKSHMI
(Querist) 26 November 2009
This query is : Resolved
My father had a flat at Anna Nagar. Three years before he had expired (No will has been written by him). I and my sister were only the legal heirs. I was living with my father along with my family (My husband and two small kids). TNEB bill, BSNL bill, etc were in the name of my father. My sister settled in Mysore after her marriage. She had one daughter. Till my father's death i myself take care of him (as he was a cancer patient). After my father's death, i and my sister thought of sharing the property equally. Though my sister is not willing to settle soon. Till now i am living in that house only. The TNEB bill, BSNL bill, Gas connection etc were in my father's name. At present my sister is not in a position to settle. What should i do to transfer atleast the EB bill, BSNL connection, Gas connection etc as they were a needy one. Can i keep it in my father's name itself till we were settling the dispute? Is it correct. Till now we were paying everything in my father's name only. Now due to frequent power cut, we were in need to change the EB supply to Three phase. The EB persons were requesting the name transfer. Is it possible for me to get the Name transfer without my sister's support. kindly clarify.
adv. rajeev ( rajoo )
(Expert) 27 November 2009
It can be done , if the dealers or officers demands for the permission of your sister then no objection from your sister.
sanjeev murthy desai
(Expert) 27 November 2009
No, its not possible to get the name transfer without your sister support. As per Hindu succession act you and ur sister have equal rights, so you should have get the no objection from your sister to change anything in respect of that property.
1. You can pay every bills in the name of your late father, until your dispute is settle, there is no problem. But you cant change EB supply to three phase.
2. To get the Khatha transfer from municipal authorities in the name of you with no objection from your sister, after you can pay every thing in the name urself.
3. When your sister get the good position then both will settle and partition the subject property.
4. You and your sister jointly secured transfer your names in the municipal authorities as a Khathadars of the that property then make a payments/changes and all those things whatever you want with your sister permission.
