After father death one sister not accepting mutual decision.


Dear Sir/Madam, I have some doubts in getting property transferred in my name.

The query is as under: My father died in December 2004 without leaving any will. We are Hindu family. My father left behind his own purchased house in Lucknow which was purchased in 1986 from Development Authority.

My father left behind my mother, two daughters and one son. One daughter (elder one) got married in year 1996 and settled with her husband. Son (middle one) Married in 2008 and settled. Daughter (youngest one) two married in year 2009 and settled with her husband.

I am writing as a son.

Issue

I and my mother wants this property to be transferred in my name after fathers death. I have proposed to give NOC from sisters so that property can be transferred in my name. On this sisters said that they want share in the property or keep the property as it is by renting it and income will be distributed among all. But this is not viable.

I had proposed to get the Property valued from the Registered Valuer and as per the share I will give you the share in terms of money as we all cannot live together as all are married and have families. One sister agreed to this and the other sister is not agreeing to this and she says i need the house and I will give share to you all three.

Now issue is how to get the property registered in my name when my mother is i my favor and one sister in my favor and only one sister is not in favor. The sister who is not in favor is a Advocate and works in Public sectors legal department and we all are non legal persons.

SO how to proceed and get the house transferred in my name when I have three persons (legal heirs) in my side whereas one is not agreeing to my idea of transferring the property in my name and take her share..

Please guide step wise so that there is no legal issues and long case in the law of courts.

 

Regards,

 
Reply   
 
Advocate

Unless the third one gives cosent, it may not be possible to register in your name evevthough your mother wants.Since she is a lawyer she knows pretty well that nothing could be done without her consent.As family members you can discuss and if she stick on in her stand, let  her take the house and settle other share holders. The other alternative is to sell it to the prospective buyer and share in equal propotion.


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Advocate

You may file a suit under the provisions of the Partition Act.

 
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I concur the advice expressed by expert Isaace Gabriel.

 
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Lawyer

Get the matter sorted out within family by executing family settlement.

Otherwise, let your mother / sister(s) may relinquish her share in your favour.

Thereafter, file a suit for partition in civl court where property is located i.e. Lucknow in your case.

It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.

 
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