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nikita218   11 January 2015

Inheritance of property under joint name

An agricultural land was bought by my father. The land is in joint name of my father & mother. I, my brother & father had jointly funded the purchase. The value of property was 4,21,000, out of this 1,80,000 was paid from my mothers account and 2,21,000 was paid from father's account. I had transferred 1,30,000 to my mother's account and my brother had transferred 70,000 to my mother's account for the purchase. We have a bank statement to prove these transactions. However, the property was bought only on my mother & fathers joint name. Unfortunately, my father passed away and he did not write a will, but he declared that he wanted to distribute the property to me, my brother & mother only.

We want the property to be transferred solely on my mother's name. However, we got to know that to do this we need to involve all the heirs of my father i.e. me, my brother, mother and my sister. But my sister is not agreeing to give NoC for this. In this situation what can we do legally to transfer this property solely on my mother's name.



Learning

 1 Replies

Advocate Rohit (Advocate)     11 January 2015

if he has verbally told that the property needs to be transfer to only three of you not include your sister, then it can be deemed as will only. There, is a provision in the law for written and oral will.You need to have the witness for the same to prove that there was a oral will.

 

Regards

Advocate Rohit Dalmia

9324538481

Mumbai


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