Pratik Nirish Mehta 16 December 2016

House transfer to sons by mother

Upon demise of the head family member, mother becomes legal heir of the property (House). Can mother in her presence transfer the house to her sons and not including names of the daughter who are married? if, yes....how? and what procedure to be followed

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Kumar Doab (FIN) 16 December 2016

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN) 16 December 2016

If a Hindu male deceased without leaving a valid WILL then his estate devolves equally, upon:

ClassI legal heirs ie.;....Mother, wife,sons,daughters.................

Thus his wife can not be sole owner until or unless other ClassI legal heirs relinquish/sell/gift/release etc their share in favor of wife by a valid deed.................

Wife can dispose her share in favor of anyone by a valid deed.

Married daughters are also ClassI legal heir.

Kumar Doab (FIN) 16 December 2016

Post full facts of the matter.

Pratik Nirish Mehta 16 December 2016

Yes sir.. I am Hindu

Kumar Doab (FIN) 16 December 2016

So you may look into the above posts.

Kumar Doab (FIN) 16 December 2016

Wife ( Mother of daughters) can dispose her share only in anyone's favor.

Wife ( Mother of daughters) can not dispose anyone else's share.

Pratik Nirish Mehta 16 December 2016

My mother wanted to ensure that the House property be on the name of three sons and not to the daughter who are married. Upon demise of my father we need to submit the "Varsa namu" to the treasury for the pension department along with other papers, in which we need to mention the name of all the legal heirs. Though my mother was insisting to include name of only three sons, I have asked her to include the name of both the sisters also. I believe if sisters can make deed and let go their share, if they agree.

Pratik Nirish Mehta 16 December 2016

How to relinquish/sell/gift/release one's share from the property? I mean what short of procedure needs to be followed? What papers work is require and where to submit those papers?