Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

debasish (prop)     06 June 2012

Transfer of property

sir
my bother in law expired leaving wife and his mom. he has a flat in his name solely in KOLKATA..he has done no will or anything. now it is decided that his mother will take an amount for her 50% share of the flat and will leave her  right to my sister.they have not done anything with the flat deed till now it is in brother in laws name.
 i like to know what will be the procedure to be follwed  now so that the flat will be in the name of my sister legally.
pls. help me.



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

Get the flat mutated in the name of the wife and mother in the record of rights. The mother can execute a relinquish deed in favor of her daughter in law or alternatively if the mother is taking value of her 50% share from the daughter in law, then a sale deed can also be executed.

debasish (prop)     06 June 2012

Many thanks Mam for reply. want to know one more thing. After mutation in the name of both and after making sale deed what we have to do ,i mean we have to register the property again and have to do mutation in the name of daughter in  law or anything else.

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

On the basis of the sale deed, again get the flat mutated in the name of the daughter in law.

debasish (prop)     06 June 2012

Mam

on the basis of sale deed  it has to be muted in daughter in laws name but in which stage it 'll be registered in her name ,before or after re-mutation.

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

The sale deed will transfer the ownership rights of the mother's 50% share to the daughter in law. This fact of sale is to be noted in the record of rights, thats all.

debasish (prop)     06 June 2012

Mam

Don't mind. As I am novish in this regard ,i want to know more.as you stated, does registration in the name of daughter in law is not required at all or the flat has to be registered later.

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

Dear debasish

A sale deed always has to be registered with the sub-registrar so as to transfer the title. I hope now it is clear.

debasish (prop)     06 June 2012

Mam

want to clear again.after mutation in both's name , a sale deed has to be made for sale of 50% of mother in law.

that deed has to register in sub register office.and after that again mutation has to be done in favour of daughter in law's name.

Am I right Mam

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

Right.

debasish (prop)     06 June 2012

Mam

Many many many many thaks.

Want to discuss one complex matter in your private mail,if you permit. as it has some problem of making public.

debasish (prop)     06 June 2012

Mam

 sorry , i think some technical problem  is there in my request.just answer me on more case.

one of my relative want to gift his land to his maternal sister.but he has lost his original deed and has been unable to get duplicate.

can  my relative make the said gift without the original deed . though he has all documents regarding municipal tax etc.

pls. reply me.

Sandeep H. Dawdikar (NA)     06 June 2012

Hi Sir / Madam There is a land in pune from my mother 's side and the is of MAHAR WATAN my mom has some share in it . Now b'coz nobady took care of that land , on that land there is unauthorised construction ( Aticraman ) on the entire land of 10 acrs. Now we planing to sell.it. 1) can we sale that land after paying the nazarana. 2) will the buyer will be able to take the possetion and put compound. 3) Can anybody file case against us for saling that land. Please advice . Thanks Sandeep

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register