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Madan   01 September 2018

Transfer of share of property

A small clarification regarding transfer of share of legal heir: Let us say A has inherited his part in a ancestral property property. Now A dies and there are 3 legal heirs B, C, & D. Can "B" now transfer its share (1/3rd) in that property in favour of C ? Is the consent/signature of the other party "D" required ? Let us say "D" is not aware of this settlement..! Thanks!.. Regards, Madan. Chartered Accountant


 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 September 2018

if he A is the father of a Hindu then B,C, and D have equal shares  of A's property.  so B can gift his share in favour of C.  But it is advisable to do partition the property among B,C and D.

1 Like

Kumar Doab (FIN)     01 September 2018

Which personal law applies in your case?

Are you all Hindu?

The deceased title holder/owner has left how many surviving legal heirs?

Are B,C,D legal heirs of deceased or they are legal hiers of A?

Confirm!

1 Like

Kumar Doab (FIN)     01 September 2018

 

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

1 Like

Kumar Doab (FIN)     01 September 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

1 Like

Kumar Doab (FIN)     01 September 2018

Take help of a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..

There are such very able counsels at each location.

Check for such counsels at LOCAL civil courts, HC, SC…

Madan   02 September 2018

Thanks!.. 

We are all Hindus and no partition has taken place after A's death ..So the documents are pretty uch in A's name. We have not taken any  steps to partition the property among B,C and D..  B,C & D  are natural legal heirs and we just made a gift deed where in B transfers its share of property in favour of A .. 

 

Note : A is the father, B- Wife , C- Son, D - Daughter.

Madan   02 September 2018

Is the partition Mandatory ? We have not done any such partition and its been 10 years since A's death. We thought B,C & D are natural legal heirs being A's wife son and daughter so we directly made a gift deed  where B transfers its share (1/3) in favour of  C without the knowledge of D..

Is this Ok ? Does not having a partition have any effect/make the gift void  ?

 

Thanks.


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