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Krishna (na)     14 September 2013

Will my mother is the sole owner of the property - vv urgent

Dear Experts,

We are holding property in one of the district of Haryana State. We are four brothers and two sisters two of our brother is expired. Now the said property is an ancestral property which we get after the partition from (my father is passed away) my father's elder brother and  his family by the mutual consent.  After  approx 10yr had passed when we got our shared but this property but still we had not registered and my father is already passed away around 20yr back. now my question to the experts are.

A. My mother is still alive and having age of around 89yr can we register the entire property in to her name and then she distribute the property to other family members. 

B. I heard that in Haryana after the demise of husband all the property get automatically registered in to the name of his wife.

C. Our elder brother is passed away and now his wife is asking for extra share in to this property but we said that the share will distribute by our mother. Though he is holding some other property which was purchased by my father for him around 25 yr back but its registered in his name and we offered them to take the money from us but still they are giving us threats that the she should get extra share. That's why we want this property to be register on our mother name first. 

 

Please guide as its bit urgent. 

 



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 3 Replies

kotaruraghu (advocate)     14 September 2013

sir,

option B is correct and with regard to the distribution of the shares are concern, after 2004 amendment all the sons and daughters will get absolutely equal share and law will not permit the extra innings.

Krishna (na)     14 September 2013

Dear raghu sir, In addition to my query I would like to add that my sister in law and her daughters are not giving her consent to transfer the property in my mother's name. Pls guide how we transfer it.

kotaruraghu (advocate)     14 September 2013

please contact an advocate for filing filing of declaration suit to declare that the property in question is the property of her inherited from her husband


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