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Rashmi Rastogi   26 May 2016

Property transfer on father's name after mother's death

my friends mother was died 3 years ago and left 5 members ( his father, 2 son, 2 daughters) this property is made by husband and wife fully, without any help from any elder. now his father went to his home town and start living there from past 7 months.

now he and his sibling are want to transfer this property on their father's name.

please tell me the procedure.

i read some of your forums and get some info but please tell me again and the time period also. as he called his father to come delhi for property transfer. please tell us how much time it'll take???



Learning

 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2016

U have not mentioned what kind of property it is? Whether inherited by the wife from ancestors or self owened?UR religion?

Rashmi Rastogi   27 May 2016

Originally posted by : SAINATH DEVALLA
U have not mentioned what kind of property it is? Whether inherited by the wife from ancestors or self owened?UR religion?

i think you miss the line which says "this property is made by husband and wife fully, without any help from any elder."

or property me religion ka kya lena... we are indians'. to indian property act hi lagega i think.

HINDU

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2016

The property distribution under Muslim Personal law is entirely different dear querist.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2016

One thing is what way are U concerned with UR friend's property?

Going into UR query,U mean to say that the properety was jointly held by both the busband and the wife.Then according to section 44 of Transfer of Property Act,half the share goes to the husband and the rest to the children..

For better understanding go through the transfer of property act,which may be available on the web.

P. Venu (Advocate)     27 May 2016

From the facts stated, the property is self-acquired. The question is, in whose name it was pirchased, husband's, wife's or in their joint names?

Rashmi Rastogi   27 May 2016

Originally posted by : SAINATH DEVALLA
One thing is what way are U concerned with UR friend's property?

Going into UR query,U mean to say that the properety was jointly held by both the busband and the wife.Then according to section 44 of Transfer of Property Act,half the share goes to the husband and the rest to the children..

For better understanding go through the transfer of property act,which may be available on the web.

He is not too literate and I don’t want someone charge him more than its worth. I think that’s friends do.

 

No made by both but its only on his mother’s name olny.


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