succesion / mutation of title
satya prakash
(Querist) 31 December 2010
This query is : Resolved
Sir
A residential property stands in the name of my father which he purchased of his own earnings.
He passed away leaving behind following Heirs:
1. My mother
2. My two elder sisters (married)
3. myself
4. My one younger sister(married)
After his demise i am looking after the said property and is in my possession. as such want the title to be mutated in my name to make further developments.
My sisters say they are not interested as you are responsible to look after the same and that is yours.
But by their activities it seems they are not willing to execute any release deed towards forgoing thier rights.
Please suggest me:
1. Whether i should insist for execution of release deed before commencing any development activity,
or
2.Should i go for declaration suit making them defendants to know their intentions.
Please advise.
A V Vishal
(Expert) 31 December 2010
Legally your mother and sisters are the legal heirs along with you in the self earned or ancestral properties. They need to relinquish their rights before you can mutate or develop the property in your own name, else you may have to face litigation in future.
adv. rajeev ( rajoo )
(Expert) 31 December 2010
If they are really interested to relinquish their rights over the properties to you then get the regd., RR deed because along with your mother and other brother they have got equal share in the properties.
adv. rajeev ( rajoo )
(Expert) 31 December 2010
After the release deed proceedings you can get enter your name to the properties.
Advocate Bhartesh goyal
(Expert) 31 December 2010
Better you insist/convey to your mother and sisters to execute the Release Deed in your favour else no option.
Khaleel Ahmed Mohammed
(Expert) 31 December 2010
You are advised to file a partition suit before any development. You can see the result , if they are really not interested and they wanted to give the whole property, they can file their written statement stating that they want to give the total property to you.
Arun Kumar Bhagat
(Expert) 01 January 2011
In the given situation, partition suit is the only option.
Chanchal Nag Chowdhury
(Expert) 01 January 2011
While agreeing that it is difficult, U R advised to communicate in writing to them that they have shown disinterest in the property. Also give them sufficient time to convey their acceptance. State in your letter that U intend to develop the property at a huge cost if they do not oppose within the given time.
The above is not fool-proof but will certainly enure to your benefit as they will not be able to claim a share in the loss/profit whatsoever easily.
Kirti Kar Tripathi
(Expert) 02 January 2011
This problem is personal rather than legal. Pursue your sister for registering release deed otherwise you have no option to file suit for partition of your share and you have satisfied with the same.
