Father's property
Pritam
(Querist) 21 April 2012
This query is : Resolved
Dear Sir,
My father owns a single property - a residential house, the land is on 90 years lease from the Govt. of Orissa since 1965.
My father expired in 1997.
My father has 8 daughters and 1 son (me) and wife.I am the youngest of all.
All my 8 sisters are married now.
Our mother is bed ridden now 70 years of age.After my father expried I had shouldered the responsibility to marry 2 of my sisters. All my sisters are happily married and financially very very sound.
In the year 2001, all my 8 sisters had relinquish their claims and right over this property through a 'Deed of Disclaimer' followed by an 'Affidevit' which were notorised then.
I am taking care of my old mother since 1997 and both of us are residing in this house since 1990.
My mother wants to transfer the ownership of this house to Her and My name so bank loan can be availed for maintainance/extention of the house.
What is the process of changing the ownership of the house? And is it necessary for my 8 sisters (who are staying in geographically different places in india) to appear in the court and sign again? Can they still claim their share?
Also note we dont have any intention to sell this property.
Please advice.
Devajyoti Barman
(Expert) 21 April 2012
If the deed of relinquishment is registered then no more presence of them is needed.
However if not then their presence and registration of release deed is necessary.
ajay sethi
(Expert) 21 April 2012
you have stated that 8 issters have signed deed of relinquishment . was it registered?
SAINATH DEVALLA
(Expert) 21 April 2012
Dear Pritam,
If you can answer to the above experts,then we can come to a conclusion.
Pritam
(Querist) 21 April 2012
No its not registered. Its notarised.
So is there any other way to get the ownersip changed other than having 8 sisters signing the registered deed of relinqushment?
Me and my mother have all the receipts of the holding tax and revenue tax paid till date and we have been maintaining the house so far.
My mother wants to know if she can appeal the court of law to avoid my sisters signatures or if there is any similar past court verdicts which can be referred? or if there is any other way to get this done.
ajay sethi
(Expert) 21 April 2012
the problem is parties do not consult lawyers before preparation of agreement . had you consulted lawyer when deed of relinquishment was made you would have saved valubale time and money .
contact a local lawyer . unfortunately the presence of your sisters for execution and registration of release deed is necessary
Shonee Kapoor
(Expert) 21 April 2012
I agree with Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
