Legal heir and property after mother�s death


Hello our mother died recently living behind her immovable property without any will. She has a son and a daughter. Our father, 80 years old now, separated for another wife 40 years ago and never lived with our mother. He lives in the same city but at a different house and owns a lot of properties himself (which he always wrote to his second wife name). He also has a daughter from that relation. But they are not legally married. My brother and I are trying to figure out how to transfer my mother's property to our names without involving any civil law suits or long case. My mother never got divorced or took any legal action against him. There is no will. We have gotten the death cert and legal heir, which states all three names. We could not avoid his name as he is still the legal husband of our late mom. In addition, recently our father managed to get hold of the original documents from one of the old lawyers office which my mother had used but didn�t collect papers before her death. Now these papers are with him and he is demanding a lump sum money to return the papers to us. He says doesn�t want any share of the property but at the same time he is not showing any interest in working with us to transfer. The property was completely purchased and held by our mother all alone. 1. What actions can he take with these original property papers? 2. Does he have more rights in the property than the children? 3. We have occupied the property ever since mom�s passing and we are operating it currently. Can he gets us evicted? 4. Can we obtain copies of the property papers in original somehow? 5.Can our father take mortgage on the property using the original papers? 6. What should we do to keep operating the property and eventually transfer to our names? 7. After his passing is there a danger of his second family fighting us for ownership or share of his portion in this property? Like his daughter asking for 1/3 of his share? Thank you!
 
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U file application to change khata to U and Ur brother and sisters name jointly .don't care to Ur father .he is simply freighting u. U take certified copies in subregistrar office. Contact local eminent advocate.it is Ur mother's property .he cannot claim right in it.
 
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LAWYER

As you mother has died intestate your father is share holder in her property.

Since your father has children form other wife they can cliam the share of thrie father.

As you state that he is not intrested in the property in question , then if you need to pay any lump sum to you father pay him and get him released from his share.

EIther he should gift the property to you by executing a registered Gift deed or he should execute a registerd relinquishment deed. 

Though the property is still in your mother's name he cannot mortgate or raise a loan until the property is not transferred to him as per his share.

If you desiere to transfer the property it shall be legally  transferred in three share holders .

 

 

 

 


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Thank you for your expert advice! I have the following questions: 1) Farher is holding the original property papers. Is there any threat because of that ?
 
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2) he can�t transfer the property on his name without getting a relinquishment deed from both the children, right?
 
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Holding property papers don't give. right to him .he can claim 1/4share init but if u go to court it takes 10yrs.u go to court until he decease. After his death don't mention other wife and daughter as lrs U claim Ur lrs
 
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LAWYER

The property papers are in the name of your mother there is no threat however any mischeif cannot be ruled out.

No he cannot transfer the property of his wife without getting a legal heir certificate.

You can get the certified copies of sale deeds of property from the Registrar's offcie. If you have the copies of paper you can get the document details and apply for certified copies from the relevant offcie,

If you know that lawyer who gave the documents to your father then you can ask him to get the certified copies for you.

 
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Hello all, thank you for your expert advice. Today we had a conference call with our father and he repeatedly agreed to sign relinguiment deed and distribute his share to both children and he expects 20 lacs in return - cash payment. It�s a lot of money but it�s less than his share of this property. 1. How should we way pay him during this process that he doesn�t cheat us after taking the money? Is there a 3rd party company or someone can help to ensure payment is made only after he signs? Any recommendation? 2. Apart from relinquishing his share is there anything else we children would need him to sign in future tomsell or transfer thisnproperty to our names? 3. Until the property is relinquished should we take any action with the registrar office to secure this property than no one sells it behind our back using fake papers or something? Is there a way we can inform or alert the registrar about this property in question? Please note that our father has another child from his second wife and so do we have to get her signature in any form as well?? Thank a lot Ann
 
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LAWYER

Just  make sure you pay him after the relinquishment deed is executed. You must mention the amount in relinquishment deed that he relinquishes his share against receipt of cash payment of Rs....

Execute a Receipt seperately for money on stamped paper(receipt stamps are there)

The most important thing let his other wife and her daughet sign as witness on the relinquishment deed,and make some other credible witnesses to sign the document.Pay through a cheque.that will do.

 

 
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Hello all, So our father has agreed to do relinquishment deed. BUT He wants to relinquish to both children�s names 50% each. Is this necessary? I want mine to go to my brother in any case. Can�t he relinquish all of his share to my brother alone?? Secondly, do I have to be present in person at the registrar office to accept the deed and sign as well ( if he includes me )? Or can my dad do it without children�s presence? Once the relinquishment deed is done. Is there anything else we need from our dad to transfer the property to my brothers name? Thank again Ann
 
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