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Damu (aaa)     18 November 2011

Mother's self earned property

Hi all,

I am the only son and have 2 elder sisters. We all are married.

My mother has acquired a property from her savings/earnings and the property is registered on her name. My Mother expired 1 year back. Father is alive.

Kindly clarify on the following :

    1. who is the legal heir of the property mentioned above ?

    2. my sisters (both) are ready to transfer \ settle the property on my name for various reasons. What is the procedure to settle the same on my name?  

Kindly note that my Father also says verbally that he also agrees to transfer \ settle the property on my name?

Will my brother-in-law come into picture for any reason.

Please suggest me the next course of action.

Thanks in advance.

Damu

 

 

 

 

 



Learning

 1 Replies

Advocate Vishnu (Advocate)     18 November 2011

Dear Damu,

The property will devolve as follows- ( 1/3rd - father, 2/3rd among you and your sisters) according to section 33 of Indian Succession act
. Your father and sisters will have to execute a relinquishment deed on your behalf so that you gain proper title on the property.Oral relinquishment is recognised in law , but if a dispute arises then the issue becomes complicated.

Your brother-in law has no legal standing in the affairs of your family

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