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Babu (Software Consutlant)     08 February 2014

How to transfer mother's property

Dear Sir / Madam,

My mother has a land registered on her name which is given by her parents when she got married.

Now i am the only son and 3 sisters. As getting old, my mother wants to transfer the land to me and get it registered on my name.  everyone knows verbally that, the land will be given to me.

Now Can you Please explain the process to get this land registered to me.

Any no objection certificate required from my sisters. if yes, Please advise me on following scenarios:

(1) My elder sister passed away, how to get the NOC.

(2)  Relationship got broken with one sister. we have no talks since almost 10 years. she don't have interest in the property as well as she don't come if we call. How to deal/obtain NOC in this situation. 

 

Thanks & appreciate your response.

Bobby



Learning

 6 Replies

laxmi kant joshi (instructor)     08 February 2014

if your mother wants to give you that property in her life time then go for gift deed , no need of noc from your sisters , if she wants to give you property after her demise then she can give you by making her registered will , i suggest you to opt gift deed go for it .

BAALASUBRAMANNYAMM (Advocate)     08 February 2014

Agreed with Mr. Laxmi Kant Joshi. Go accordingly.

Sudhir Kumar, Advocate (Advocate)     08 February 2014

agreed                          

T. Kalaiselvan, Advocate (Advocate)     08 February 2014

During her life time, your mother can transfer the property on her name either by a gift deed or by a settlement deed or can bequeath the property by executing a Will in your favor to be inherited by you alone after her life period.  Your sister cannot object to your mother's such act during your mother's life time, but your sister along with your other deceased sister's legal heirs can claim their share in the property if your mother has not transferred the property in your favor during her life time. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 February 2014

A deed which is intended to gift an immovable property or relinquish one’s rights in an immovable property is a compulsorily registerable document as per the provisions of the Registration Act and thus the same will be required to be registered with the sub-registrar of assurances. 

Babu (Software Consutlant)     09 February 2014

Dear Sirs, Thank you so much for your responses.

(1) When the Gift deed or will prepared, Don't the Gift deed/ will need to be signed by sisters. 

and whom should I get for witness.

(2) why I am asking this is, normally I hear daughter has right on the mother's property.

and also I read in this forum that, as per Hindu succession act, all including married daughters will get equal share. Is this true?

(3) While gifting, how it was acquired by mother won't come into picture? I mean whether it's self acquired or inherited, etc., This question is based on reading on this forum that only if it's self acquired, it can be given into any one of her interest and if it's inherited, it need to be shared between all children.

Appreciate your suggestions.

Thanks,

Bobby

 


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