Seema (Sr. Consultant) 26 March 2012

Inherited property

I have a question regarding some land that my father inherited from his mother. This land is in the joint name of my father and his brother. My father died intestate in 2007 and at the time of death, he was survived by my mother, my elder sister and myself. Both his parents passed away before him. The property title still carries my father and his brother's name.

My sister died intestate this year and is survived by her husband and minor daughter.

W now want to divide the property between my father's brother and give the title of my father's share of the property to my mother.

Is this possible? If yes, then will a NOC on a stamp paper from me (the daughter) and my brother-in-law (as the legal guardian of my sister's minor daughter) be sufficient to divide the property and transfer it to my mother's name?

We want to sell this property. Will there be any implications of this on the sale?

We are Hindu Nairs and the property is in kerala.

Regards

Seema

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4 Replies

kumar (NIL) 26 March 2012

Hi Seema,

So the property ownership still carry's on ur father and his brother's name ... am i right.....

The answer for your question is YES will go ahead with NOC, but along with NOC you will have to do a Partition Deed / Release Deed (registered) consisting of transfer of the share to the concerned person (i.e.,., your mother). And NOC consists of not having any rights on the scheduled property with all signatures.

If you can do this, then You can sell the property...

adv. rajeev ( rajoo ) (practicing advocate) 26 March 2012

NOC is not sufficient you will have to relinquish your share in the property thru., regd., rights relinquish deed.

Seema (Sr. Consultant) 26 March 2012

Thanks Kumar. Yes, the property continues to be in the joint name of my father and his brother.

Will the NOC signed by my brother-in-law as the legal guardian of my deceased sister's daughetr (who is now 7 years old) be sufficient?

I have been told that the amount equivalent to her share of the property must be transfered as a fixed deposit and registered legally before it can be transfered to my mother or before she can sell it.

To make such a deposit, we do not have the funds and if it has to be done, it will have to be done from the sale proceeds once we receive it.hence the question.

Regards

Swapan Mukherjee (Semi-retired.) 26 March 2012

Dear Learned Legal Folks,

I have just joined this wonderful community. Not being a lawyer I do not know how much I can contribute. However, I shall try my best.

For the time being I have a simple question about mutation of family residential property between we four siblings. I have read somewhere that mutation is required when the will (in this case made by our deceased father) does not clearly mention how the property is to be divided.

However, our father had made the will (our mother had passed away a few years earlier), indicating that the ground floor be shared by myself and my younger brother, while the first floor be shared by my elder sister and her husband, and my younger unmarried sister.

The will specifically mentions that the room on the first floor, which our father had occupied while alive, would go to my elder sister and her husband. It also specifically mentions that the two lock-up garages on the ground floor, the northern one to be given to me and the southern one to my elder sister.

Now, my question is...... do we still need to go for mutation of the specific portions as mentioned above? Can my elder sister and I claim, without mutation, ownership of the garages as mentioned above? Can the garages be rented out without our permission?

Your learned comments would be greatly appreciated.

With kind regards.

Swapan