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Amit (NA)     22 August 2014

Division of mother's share

We are two brothers and one Sister. We have a house in Jalandhar. My father is no more and he didn't write any will. Now i understand that Myself, My mother, my brothers and sister all have equal right on the house i.e. 20% each.

Now my brothers and sister doesn't live in that house for last 10 years and living separately. I have been taking care of my parents and live in my parental house. 

Now the house is not on name of anyone. If my mother wants to give her share in that house to me, what's the procedure for doing that. Can she write on plain paper and sign along with two witnesses. Is it same like writing a will or is there any other procedure for transferring my mother share on my name ?

It will be really great if anyone can guide me



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 3 Replies

Kumar Doab (FIN)     22 August 2014

 

Any of the legal heir can appear before Ex. Magistrate/Tehsildaar in ‘Suvidha Centre’ and apply for  Affidavit giving list of Legal heirs. Any deedwriter can prepare it.

First of all get the Legal Heir’s names entered in mutation record of Patwaari and obtain ‘Viraasat ka Intkaal’.

Your mother in her lifetime can give away her share to anyone by Gift/sale/release/relinquishment/transfer deed……….or by WILL.

A registered WILL is better option.

The charges for gift deed may be negligible as the Govt. has waived off charges for gift deed amongst blood relatives.

 

A local Lawyer dealing in such/revenue/civil matters can advise you the best. 

Amit (NA)     23 August 2014

Thanks for your reply Mr. Kumar.

I was speaking to one of my friend. He told me that Patwari asks for so many things like "House Nakhsa", many other documents and asks to bring all no dues from corporation, and asks for huge bribe for even a small work

Can we do the work of Gift deed first. 

Can this Patwari wala part be omitted or is there any other way

 

Kumar Doab (FIN)     23 August 2014

Last Reply

 

Either you go by words of your friend or consult your lawyer.

If area records are updated in E-Record then one can obtain latest Fard (from day 1) @ Rs.10-20/page from E-patwaari in suvidha centre.

If not Patwaari may ask for something like Rs200 for latest Fard.

To register Virasat ka Intakaal patwaari may ask for something like Rs1000-1500.

You can also obtain Legal Heir Certificate from your area Sub Tehsildaar or Succession Certificate from civil court.

Your lawyer can opine whether you can go for Gift Deed direct or not after examining your docs.

You may make further inquiries from your lawyer. 


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