Priyanka Kadam 21 December 2015

Property transfer in case of death

Hello, I have a case of property (owned house) transfer in my maternal family, where my maternal grandfather and mother have passed and they have 5 children out of which one is separated and doesn't have good relations with others. Now, all 4 except the last child are ready to nominate my maternal aunt (Divorced) for transferring the property (house). Could you please guide what can be the best solution in this case? I will appreciate your support and guidance in this situation. Thanks in anticipation. Regards, Priyanka Kadam

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Adv. Yogen Kakade (+ 91 9225510883) 21 December 2015

Hi.. i think few more things are needed to be detailed.. what do you want to have.. are you in favor to transfer the property to the aunt (divorced) or against it.. and anyways those who want to transfer their rights to her they can do so.. but they cannot compell the person who is not willing.. or they can just go for partition. Adv. Yogen Kakade

Priyanka Kadam 21 December 2015

We want to transfer it on her name. But one of the siblings may not agree to that. So do we have some majority law or some favor on this divorcee sister..?

Priyanka Kadam 21 December 2015

We want to transfer it on her name. But one of the siblings may not agree to that. So do we have some majority law or some favor on this divorcee sister..?

Adv Akhtar Ali Sheikh (Property Law Consultant) 21 December 2015

Dear Priyanka Madam,

As you have said one of the siblings is hostile the remaining ones could transfer their undivided share in the property to your aunt by release deed or gift deed taking into consideration the stamp duty factor (depending upon the State - here in Maharashtra it is negligible on both gift and release (if deceased property is released to ascendants or descendants)), by doing so you all be securing 80% to her the remaining 20% could be bought out or over some period of time there could be some sort of settlement and as a last resort there could be partition with the unwilling member.