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Lajpat rai thakral (GOVT JOB)     10 September 2016

Change in shares in property different from mentioned in wil

We are three  brothers. Our Father expired in the year 1999. He left a registered will mentioning therein  that after his death the property registered in his name with the  sub registrar ( 276 sq yards residential house) will vest with his wife till her death and after the death of his wife(our mother), the property in question will be shared by all the three brothers in equal shares and nothing will be shared to sisters(2) 

 Our mother also died last year march,2015

Now brothers want to get the property transferred in their name on the basis of registered will. We have death certificates of both parents i.e. father and mother issued from the Department of births and deaths.,

Our question.   since our father was a not having sufficient income, hence large  sum of amount was sent from the salary income of Eldest Brother who was Govt employment in the year 1965 and the house was purchased in the year 1970/71 and construction completed in the year 1972 and subsequent years. The other Two brothers are young to Eldest brother  one by 9 years and second junior one by 13 years as such they were not earning anything at  the time of purchase of plot and construction thereon.

Now We brothers want to give advantage of share to ELDEST BROTHER AND WISH TO transfer the house(vacant plot after dismantling the house at is 44 years old and is in dilapidated condition), as under

ELDEST BROTHER 80%

younger brother       10%

youngest brother     10%

 

Please clarify whether at the time of getting the property mutated in the revenue record can proposed share allocation can be got done ?OR first the property will be mutated as mentioned in the will document and thereafter change of share can be done.

We wish to avoid procedure time and again as in Revenue department it is difficult to get the work done and shelve underhand payments.

 

LAJPAT RAI THAKRAL

BA.,CAIIB.,PGDM.,

AMRITSAR /PUNJAB 

 

 

 

 

 

 

 

 

 

 

 

 



Learning

 1 Replies

Kumar Doab (FIN)     10 September 2016

Submit the WILL and let the WILL be acted upon without any cloud. The sister may sign NOC to MC.

Regsiter the family settlement deed.

Thereafter theres shall be no litigation with scope for success.

 

Yuo may re-check with your own counsel.

 

 


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