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Transfer of ownership

(Querist) 03 May 2013 This query is : Resolved 
my husband bought land in kerala a few years back in the name of his father..but now his father and one of his brother is no more.late brother has wife and two minor kids..what are the procedure to transfer the ownerhip to my husband from the late father ?
M.Sheik Mohammed Ali (Expert) 03 May 2013
your grandfather's legal heir entitle to get share. you only prove the your husband solely purchase in his father name.
Devajyoti Barman (Expert) 04 May 2013
How many legal heirs the father of your husband has?
After the death of your father in law the property devolved upon all his legal heirs including you husband and without the consent of other legal heirs your husband can not become its absolute owner.
prabhakar singh (Expert) 04 May 2013
As the property, though purchased by your husband,was in name of your father in law who died intestate,his all sons and daughters as well as your mother in law would inherit equally.If mother of your your father in law is alive she would also join the inheritance at par with others.
M V Gupta (Expert) 04 May 2013
The procedure to get full title in favor of ur husband is to obtain relinquishment of rights from all the other heirs of ur father in law pointed out by Shri Prabhakarji. The deeds of relinquishment should stamped and registered.
Rajendra K Goyal (Expert) 05 May 2013
Agreed with the views of Expert Prabhakar Singh. you may also get a decree from court or relinquishment registered.
rak (Querist) 09 May 2013
thanks for the legal advice..then what are the procedures to do so ? physical presence of all legal heirs is needed for this ? how long it will take to complete the process ?
M V Gupta (Expert) 10 May 2013
Get the deed of relinquishment drafted by an advocate or licensed draftsman. The document should be stamped with applicable stamp duty as per the local stamp Act and then signed by all the heirs and lodge it for registration before the Sub Registrar of Assurances having jurisdiction over the property. For this purpose all the heirs who executed the document should be present before the Sub Registrar and admit execution of the document. Note registration should be done within four months of execution of the document.


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