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Change in name of owner

(Querist) 03 July 2017 This query is : Resolved 
MY FATHER DIED 3 YEARS AGO.THEY DID NOT WRITE HIS WILL. WE ARE TWO BROTHERS NOW WE WANT TO DO THE PROPERTY IN NAME OF MY MOTHER. WHAT SHOULD WE DO TO DO THIS
Kumar Doab (Expert) 03 July 2017
It is believed that you are all Hindu.
confirm!
Kumar Doab (Expert) 03 July 2017
It seems to be simple matter of inheritance.
The procedure (with forms) for such matters; Intestate Succession,is usually available on website also or in O/o Authority under whose jurisdiction property falls e.g; MC.

Death Certificate, legal heir certificate are basic requirements.

Comply with procedure and get the latest mutation records showing ownership in the name of all ClassI legal heirs.

Other legal heirs can release/relinquish/sell/gift etc etc in favor of mother.

Get the latest mutation records showing ownership in the name of mother.

Sankaranarayanan (Expert) 03 July 2017
nothing more to add , i do stand with expert kumar ji
Kumar Doab (Expert) 03 July 2017
Thanks for agreeing Mr. Sankar Narayanan.
Advocate Suneel Moudgil (Expert) 03 July 2017
nothing more to add..................
Munish Kumar (Querist) 04 July 2017
Please tell me is there any legal heir besides me,my mother and my brother. I think my father's mother will also be legal heir in this case but here i want to tell you that we don't have good relations with them so it may create problem. Please clear my point. .
Kumar Doab (Expert) 04 July 2017
Thanks for agreeing Mr. Suneel Moudgil.
Kumar Doab (Expert) 04 July 2017
It is believed that you are all Hindu.
You have not confirmed.
Kumar Doab (Expert) 04 July 2017
Mother is ClassI legal heir and has equal share.

Submit the requisite docs as suggested above and get the updated mutation records.
It is felt that there should be No problems in it.
Avoid delay.


Thereafter, mother can by her sweet will, may dispose her share to other Co-sharers and vice versa by a valid deed e.g; sale/gift/release/relinquishment/transfer/settlement etc etc as applicable in your case.
Crease the differences if possible.

Or all can enjoy the property.
Or all can approach court.


Amicable settlement is the best option, always.




Rajendra K Goyal (Expert) 04 July 2017
Mother of the deceased has share in the property,

If she does not join, All other legal heirs can enter into a family settlement and transfer the property in the name of your mother except share of mother of deceased.
Kumar Doab (Expert) 04 July 2017
You may consider the perspective shared by Mr. Rajendra K Goyal.


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