Transfer of property OR RIGHTS

Querist : Anonymous (Querist) 22 September 2010 This query is : Resolved
A property is owned by two brothers in equal shares. Now one brother is ready to give or transfer his share without any consideration to second brother(who is co-owner in that proerty).

NOTE:-(THE PARTIES ARE NOT READY TO DO SUCH TRANSFER BY GIFT DEED OR BY SALE DEED.

My query:-

1. can he transfer his share by the decree of the (permanent Lok Adalat).

2. How i can draft this case for filing in the Permanent Lok Adalat.

3. What are the contents of my drafting. Plz explain fully the lines of the drafting)

4.Is there is any set proforma under the legal service authority act to file such cases.

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Devajyoti Barman (Expert) 22 September 2010
Your query does not fall in the category for taking help of the Legal Services Authority. The brother will have to transfer his share by any instrument recognised by the Transfer of Pproperty Act or any related Act.

Querist : Anonymous (Querist) 22 September 2010
Dear Devahoyti

plz tell,

can he file a suit in the permanent Lok Adalat for the leaving of his ownership regarding this property and for giving it to his brother

Devajyoti Barman (Expert) 22 September 2010
Absolutely no. I have already replied.

ESTHERPRIYA (Expert) 28 September 2010
Your query is confusing. Look equal share in the property lies with 2 brothers and one willing to transfer with out consideration why so. you have to tell the reason as it is encumbered or not? Who are the parties who are not willing to do such transfer. Kindly clarify this issue?
Then if you want to make a deed you can do so by settlement or by gift deed or by will also. why you need to file lok adalat or petition in court. Kindly give a clear picture of it, then i may able to clear out the issue. In case you need further help mail me in splawassociates@gmail.com

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