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Vivek Kuls (Private)     10 November 2010

Family settlement of property

My father expired without making a will deed of his property in delhi and mother is still alive. we are two bro and one sister (we four are heirs for said property. Pls advise the simple way to proceed with:

1.  Whether the property may transfer to mom name automatically or process is there like family settlement, etc. then make a will in favour of us (children)

2.  Can property be transfer to both son's name if mother and sister gives NOC in family settlement deed.

3.  any other easiest procedure that you may suggest.

4.  any financial liability.

Regards,



Learning

 3 Replies

Mugundhan (Lawyer)     10 November 2010

You have to first obtain the legal heir certificate indicating the legal heirs of ur deceased father. Then the mother and sister can execute a release deed. Alternatively a partition deed or family settlement deed may be entered into by all the legal heirs alloting the property to the sons.

Vivek Kuls (Private)     10 November 2010

Thanx Mr. Mugundhan,

1.  Pls advise in Point no. 1 & 2 from earlier mail, which one is better for family settlement.

2.  from where we can get Legal heir certificate.

Sri Vijayan.A (Legal Consultant)     21 November 2010

1.Ur mother, two sons, one daughter eligible for 1/4 share each

2.U ahve to legal heir certificate from Tahsildar of ur taluk

3.If you want to transfer the entire property to anyone's favour other can execute release deed.

From ur question, 1 is not necessary, 2 can be done.

stamp duty and fee concession is available to you for which u have to consult local lawyer or the registrar of ur area


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