MAHESH SAKHUJA (TAXATION) 03 February 2010

TRANSFER OF PROPERTY

sir, i wish to know the easiest way to get the property transfered in my name.

The said property was in my mothers name who expired in January 2010, she has left not registered will. We are 3 sisters , me and my father.

Me, my mother and one sister separated from my father and two sisters in August 1993. Our separation was not legal. We have no relation with them since August 1993. my mother purchased a property in Dec 1995 in her name. My sister who lives with us married and settled in abroad.

I want to transfer the property in my name. My sister is ready to sign all the legal formalities to transfer the property in my name.

Is my father is legal heir of this property? What can i do in this regard. Please help me out the correct procedure to get the property transfered in my name .

Thanks & Regards

Mahesh

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2 Replies

Ayusman Mahanta (ll.b) 03 February 2010

Yes, your father is one of legal heirs along with u and ur three sisters.In case of female Hindu(I presume) with self aquired property dying intestate(without any will), the property wil automatically vest to son,daughter and husband.In ur case the property will be shared by 5 persons(u,ur 3 sis and ur father) each having share of 1/5th of the property. You cant alienate ur father bcoz there is no formal decree of divorce.If one of ur sis is ready 2 transfer her share to u,she can do it.But b4 that obtain a decree of partition so that it wil be less troublesome 4 u all to demarcate ur part of share in the land.

Y V Vishweshwar Rao (Advocate ) 04 February 2010

In general- after yoour mother her 3 daughters and son and husand are entitled to succed her self acquiired proerty ( as there is no wll Deed executed by her )

In your case you have stated that you , your sister and mother separated from your father and other two sisters - what is the uderstanding regardign the proerties already acquired before 1993 and acquired after August 1993 - is there any agreement while separating from each other ( though not legal ) what are the terms of - the separation from each other - to be considered .-Better to cotnact local Civil side Senior advocate and discuss with him in detail for conclussion !