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pradeepsingh   07 March 2015

Property transfer from father to mother

Dear Team,

Need your advice before signing the no objection letter for transferring my fathers property of my mother. There is no will that has been left behind by my father as to how the property needs to be divided. I have 2 sisters who are married and I am married as well. We are a Hindu family.

Once the property has been transferred to my mother

1. Can my fathers brothers claim the property (self acquired)?

2. Does my mother become the sole owner of the property?

3. Do we, the children not have any rights on the property unless it comes from the mother?

4. Can she forfeit anyone of us in handing over the property? Like, divide the property in the daughters name and leave the son, or divide the property among the brother and 1 sister and leave the other sister.

5. Can I include a clause in the NOC for the transfer of the property stating that upon transfer of the property to my mother, any further claims or transactions by any parties on the property needs my concensus and approval?

All your inputs are much appreciated.

Regards

PS



Learning

 5 Replies

saravanan s (legal advisor)     07 March 2015

1. your fathers brother can lay any claim on it

2. once if you all have relinguished your rights in favour of your mother it becomes her absolute property

3. question not clear

4. once if it becomes her absolute property she can will it anyone she wishes.you cant object to it.

5.i think thats not possible in a relinguishment deed.if after mutating the property on all legal heirs name and if you are giving it back to ur mother through gift deed then you can specify certain conditions as you said

pradeepsingh   07 March 2015

Thankyou so much sir.

So what do we do so as to the property does not go to any of my uncles and stays with my mother, me  and my sisters? Please note that my sisters are married and so am I.

About Q2. We are not relinguishing our rights in favor of our mother. We are signing a no objection letter for the khaata transfer of the property into her name from my fathers name.

About Q3. If the property is transferred to my mother, does my mother have the rights to give it to anyone or do we the 3 children get an equal share as well.

Please note that there is no relinguishment deed that is being executed, but we are signing a no objection letter for the khaata transfer of the property to my mother.

Regards

Pradeep

Sankalp Paliwal (Advocate)     07 March 2015

Khata transfer is only ment for revenue purposes... It does not take away your rights.. U r still owner and will remain so after revenue record entery... And since property is of self acquired... Father's brother cannot claim.. Mother may transfer property on the basis of said khata entery but later u can challange...will only result in long litigation... Better u get ur name in khata entery and support ur mother in her dealing with of property

Adv Akhtar Ali Sheikh (Property Law Consultant)     08 March 2015

Further to mr paliwal's reply, This all depends upon the draft of noc. As long as it does not imply that you are not relinquish your claim on your share in the property, you will not lose your right on it.

Adv Akhtar Ali Sheikh (Property Law Consultant)     08 March 2015

Further to mr paliwal's reply, This all depends upon the draft of noc. As long as it does not imply that you are not relinquish your claim on your share in the property, you will not lose your right on it.

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