Property settlement after father's demise

This query is : Resolved 

19 April 2012

my father passed away 2 months ago leaving a 2 shops and a plot of land on which 6 flats are being constructed. he had planned to keep 1 as joint property between my mother and i and the other would have been for my brother.rest 4 would have been sold. i have only 1 brother who has taken over the construction.how can i ensure a flat for my mother and a bulk amount from the sale proceeds of those 4 flats in an amicable manner because my mother doesn't want to file a suit for legal settlement.

Devajyoti Barman (Expert)
19 April 2012

If your brother agrees to what you or your late would wish then fine.
Else you have take legal recourse.

amrita sharma (Querist)
19 April 2012

sir does the land now need to be transferred on some ones name as my father is no more? do all three of us need to sign for it to get transferred?

Nadeem Qureshi (Expert)
19 April 2012

Dear Amrita
first of all the property will be transfer on legal heirs after that they can execute a gift or sale Deed to transfer the property.
feel free to call

Devajyoti Barman (Expert)
19 April 2012

If you want to sell then only transfer is required.
Else after the death of your father all of your automatically become owner of his properties by the rule succession and no separate trasnfer is required to be done to make your title which you already have.

Raj Kumar Makkad (Expert)
20 April 2012

It shall be better to get entered your names as legal heirs of your deceased father in the property register of municipality or the society, which is applicable in your case so that proper record may be maintained and you do not feel any problem in selling the property. The tx receipts should also be got in the names of the present owners.

Advocate M.Bhadra (Expert)
20 April 2012

Your father died intestate leaving behind three(3) legal heirs and successors,so all of you are equal share over the property,amicably settle the matters, failing which you can file a partition suit in civil court.

amrita sharma (Querist)
20 April 2012

please refer to my query
my brother who does not have good relations with me maybe trying in a clandestine manner to transfer the land only on his name keeping my mother and myself away.is it possible for him to do so.
1. how can i find out if he has done so?
2. what action should i take ?

malipeddi jaggarao (Expert)
20 April 2012

It is not possible for your brother. As per succession, all of you are legal heirs and to deal with the property the consent and signature of you is required. Instead of aniticipating the problem, all of you have discussion and come to a settlement.

Shonee Kapoor (Expert)
20 April 2012

Better all legal heirs get it jointly registered in their names.

Then the equitable distribution is possible.


Shonee Kapoor

K.K.Ganguly (Expert)
20 April 2012

It is possible for him to clandestinely transfer the property in his name. But it will be transferred clandestinely only not legally. He can forge your or your mother's signature for any settlement in his favour without your knowledge. He can also forge your father's signature to construct a will in his favour & try to get it probated (in which case you shall have the chance to object).

Should such things happen, you are left with only two alternatives,
1) Cajoling him to abide by your father's departing wishes, or
2) Fighting out in the Court of Law.

As of now, you can get your names mutated in all records immediately.

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