Transfer of property to sons after death of the owner
Ramanuj
(Querist) 10 August 2013
This query is : Resolved
My grandmother has passed away. Our house is registered on her name and she has not written any will. She has two sons, my grandfather claiming no right on the property. Now, how can this property be transferred to the sons? Is registration of the property required? As it is an inherited property, should my father and uncle get it registered in their name through court of law?
Devajyoti Barman
(Expert) 10 August 2013
A proper deed of amicable partition would take care of this problem. Do take help of an advocate to draft, execute and register this deed.
Ramanuj
(Querist) 10 August 2013
Thank you sir...
Advocate M.Bhadra
(Expert) 10 August 2013
The two sons already inherited proportionate share of property after passing of grandmother,who left the property her own name.No partition is required,the grand's father share may be transferred by way of registered Gift Deed or Relinquish Deed.
Ramanuj
(Querist) 10 August 2013
If grandfather denies to own his share sir?
Rajendra K Goyal
(Expert) 10 August 2013
As advised relinquishment deed can be prepared and registered from your Grand father.
Ramanuj
(Querist) 10 August 2013
Okay. Thanks all for your advice and help...:)
prabhakar singh
(Expert) 10 August 2013
The problem is just confined to her husbands' share who does not wish to inherit her which he can do by executing a registered QUIT(relinquishment) DEED .
J K Agrawal
(Expert) 11 August 2013
the proper answer depends upon the fact that which religion you profess.
I suppose you are Mitakshara Hindu and the property of your GM was her self acquired property.
Now answer is that your GF has no share in property and your father and uncle are only heir.
As far as the question arises that how they will get title over the property? The question again depends upon the fact that where the property situates. In some places in India a succession certificate is required and in around 90% part of India it is not required.
Raj Kumar Makkad
(Expert) 11 August 2013
I do agree with Aggarwal. GF has no share in the property.
Ramanuj
(Querist) 12 August 2013
Agrawal sir, is succession certificate applicable in Andhra Pradesh. Also, deceased has three daughters, who are ready to relinquish their interest in the property in favour of their brothers.
Raj Kumar Makkad
(Expert) 13 August 2013
If daughters of deceased are ready to relinquish their share in favour of their brothers then draft a relinquishment deed and get it registered with the local registrar. It is duly admissible in AP.
