murali (SA) 30 September 2019

FAMILY settlement

Good morning, my father died without any will. My father has a wife , eldest son, four daughters. Iam the 4th daughter. my father has a self acquired house of 80 sq.yards .My mother is staying with me. All the three sisters and mother willing to sell their share in the house to me with some monetary benefits as iam looking after my mother except my eldest brother. He neither looking after my mother nor willing to give me his share in the house. Still the house is in the name of my father. Please guide how to get the house registered on my name of all shares except my brother's. By leaving his share i.e leaving one room can i get the house registered on my name in sub registrar office without my brother's consent. he is not talking to any one of us.Whether I should apply for sale deed or otherwise any other way. Kindly suggest the best way. Thankyou

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5 Replies

Real Soul.... (LEGAL) 30 September 2019

No dear without making partition of the property it is not possible to get a registered sale deed.

Now you have two options;

1st; The share holders of the propert including your mother should relinquish their respective shares ( father's property ) towards you by way of a registered relinquishment deed properly valued and detailed with mention of payments received by them. Also get seperate detailed receipt fog the money you receive..

2nd; Make the partition of the property by way of partition deed and let your brother to keep his share and other share holders can sell through a sale deed in your name. You brother should sign the partition deed and appear before registeriong authority.

Prefer option 2nd.

It is also recomanded that you purchase the other heirs share by way of registered sale deed .

murali (SA) 30 September 2019

Thankyou very much for your reply Sir. But my brother is not coming for negotiate and others are ready to relinquish their shares. So is there any problems arises if I proceed as per your option 1. Kindly suggest

Real Soul.... (LEGAL) 30 September 2019

No that is fine too do as i mentioned.

DOn't miss any details in the deed ,your mother should also relinquish her share otherwise your brother will demand share from her property afterwards

Just ensure that you get receipt for moiney you will pay from each share holders seperately as full and final payment for their selling/relinquishing of share .Mention that the possesion is already handed over to you .

murali (SA) 30 September 2019

Thankyou sir for your valuable suggestions. I will do as per your suggestion. I shall approach the registrar office for relinquishment deed registered.

murali (SA) 30 September 2019

good evening sir. I approached registrar office . registrar officer said that without the son the relinquishment deed will not be done. then how shall I proceed. kindly suggest