Fathers property
Prasad
(Querist) 26 March 2012
This query is : Resolved
my father has expired on 13 march 2012.We are 5 sons and mother .Our late father has depoisted money in our name and on our mother name.We got death certificate fron panchyat .now we would like to know how and what all procedures are to be done for getting house on father name transfered to ourmother name and transfer of money that our depoisted on his sons name and mother.Our father has purchased 2 houses on his name .
As father has 4 sisters and all sisters are expired and as father was only a male member in his family all family house papers are held with him, he didd not inform us to give to their sisters son/daughter and now as our fatheer has expired fathers reltives (sisters son/daughter ) are trroubling us .We are ready to give all house papers to them and we want to get it recorded that they got orginal papers from us so that later on they will not trouble us .Is there any legal way to hand over these papers.
Expecting early reply please
SAINATH DEVALLA
(Expert) 26 March 2012
Dear Prasad,
The answer to your first paragraph is that there is no problem as your father had deposited equally between you and your mother.As you have obtained the death certificate, you can file an application in the registrar's office,along with the death certificate,for the property to be transferred in your mother's name,you have to do the same with the other properties of your father and the deposits too.
If all the properties are your father's self acquired,no other person except your family can have a claim over it.If he received some ancestral property,then the other people you have mentioned can claim their proportionate share.
What are the papers you intend to give your cousins?
Deepak Nair
(Expert) 26 March 2012
You shall imamediately avail professional services of a lawyer and rattle the issue in a joint meeting along with the lawyer. Record the terms and conditions and register the same.
G. ARAVINTHAN
(Expert) 26 March 2012
If the banking documents are in the name of you, your brothers and your mother, then no problem in getting it transferred in your name..
In so for as the self acquired property is concerned, there will not be any problem in dividing
Adv.R.P.Chugh
(Expert) 26 March 2012
I endorse the views of Mr.Nair - Consult a lawyer ASAP because property matters do really turn vicious if not handled with care at the earliest of stages.
Secondly as regards father's own property - chilren + mother entitled in equal respects - obtain a Sucession Certificate/Letter of Administration from Distt. Judge and then go to revenue department for mutation + bank to give you the deposts.
