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Deepak (executive)     19 September 2013

Legally giving right on house

Dear Lawyers

We have a house at native place which is owned by my mother and us (her 5 children). But we have two uncles and we willingly want to share the house with them and also legally give rights on this house and divide it between my mother and two uncles. We need to know the legal procedure to do so. Please advice.



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 4 Replies

kotaruraghu (advocate)     19 September 2013

you have not clearly mentioned that your uncles are maternal side or paternal side and you did not mentioned that the property is ancestral or self acquired. if you want to give a share to your uncle it is better to execute Gift deed infavour of your uncle and got  it register.

T. Kalaiselvan, Advocate (Advocate)     19 September 2013

Dear Deepak,

If the property is an undivided joint property, all the co-sharers excluding your mother shall relinquish your rights over the property by executing a joint release/gift deed in favor of your mother and your uncles, wherein the recital should be that on the basis of consideration in kind or otherwise received towards relinquishing your respective titles in favor of the beneficiaries, you all (brothers) jointly execute the release/gift deed in their favor, this will take care of other things

Advocate T Kalaiselvan, Vellore, Ph: +919443441062

adv.raghavan (Advocate,9444674980)     20 September 2013

u didnot tell us whether it is inherited property or ur  mother property, if it is inherited property u people  have to go for partition deed and then only u can part ur share to your uncle, if it is your mother property she can gift the above said properties to your uncle and getting relinquishment deed from u people on the safer side

Deepak (executive)     22 September 2013

This house was in name of my father after my father death it got transferred to my mother;s and her childrens name. Now my mother and we (her childrens) want to share the house with my uncles in three parts (Mother and two uncles). We, her childrens do not have any probelm with it.

 

For doing above we need to know the legal path and is it possible to do the legal procedure at mumbai whereas the house is in Ratnagiri (native place)

 

Regards


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