Transfer of Property
Sunny
(Querist) 13 September 2015
This query is : Resolved
Hi
I am having few questions..Kindly bring clarity on the same.
1. Can a person get the property transferred in his name if the conveyance deeds is in the name of his wife and wife is not alive.
2. Does a person requires acceptance or NOC from his son/daughter on such transfer.
3. Post transfer can a person get the same property registered in the name third person
Kindly advice
Thanks
Anirudh
(Expert) 13 September 2015
Answer to first question is a big NO.
All the legal heirs of the deceased have an equal share in the property left behind by the deceased.
In view of answer to question 1 and 2, the question 3 does not arise at all.
prabhakar singh
(Expert) 13 September 2015
ALL IN ALL NOW YOU CAN NOT AVOID YOUR WIFE'S
OTHER HEIRS, HER CHILDREN, WHO EQUALLY HAVE
INHERITED HER ESTATE ALONG WITH YOU BECAUSE YOU DO NOT HOLD ANY TESTAMENTARY SUCCESSION FROM YOUR WIFE CALLED 'WILL.
Kumar Doab
(Expert) 13 September 2015
The children of deceased mother have equal share and they can not be avoided.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 13 September 2015
1) yes, if wife has nominated u
2) yes
3) if exclusive valid right to sell
Sunny
(Querist) 14 September 2015
Nomination is specifically mentioned in conveyance deed??
Sunny
(Querist) 14 September 2015
Does a person can dis-own his children and get the property tranferred in his name.
Rajendra K Goyal
(Expert) 14 September 2015
No, if the person has deceased intestate.
Guest
(Expert) 14 September 2015
First of all, your query is of purely academic nature. Even if you have any real case, your information is quite insufficient to get an appropriate opinion. What about nature of property (independent plot, house, society flat with or without nomination), existence of will/ gift deed, etc., in the name of your father.
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
The intestate property of any deceased shall first devolve on all the legal heirs, among them if one wants to get it registered on his/her name, the other legal heirs are to execute a registered release deed relinquishing their rights in the property. This will confer marketable title to the beneficiary who can alienate the property subsequently independently.
Guest
(Expert) 21 September 2015
Absence of querist's reply to my question for all these 7 days indicates clearly that he did not have any real problem. He was interested only to seek answer to his academic question.
