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R (Manager)     13 July 2011

One Joint owner Expire in NA Land

My father and my mother are joint owners in an Non Agriculture land in Pune region.  My father expired few years ago. I have only one brother and no sister.  In this case I wish my mother to become 100% owner of the N.A. Land. Do myself and my brother have rights in the property? What is procedure to make my mother 100% owner so that she can transfer or sell entire land [Please give section / (Sub-Section) if possible]?



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 8 Replies

Doveson (advocate)     13 July 2011

U and ur siblings have to swear affidavits that u r relinquishing all ur rights title and interest in that property in favour of ur mother. But what about the property after her demise and why this intention in u? Think over it. U r going to complicate the issues by doing such a thing.
1 Like

adv. rajeev ( rajoo ) (practicing advocate)     13 July 2011

In your father's share your mother and brothers, sisters have got equal share.  If you want your mother to be 100% owner then all the legal heirs of your father have to relinquish their rights over the share of your father.

1 Like

R (Manager)     13 July 2011

Many Thanks for your reply. Accordingly, i understood that as successors of my late father i.e. me and my brother both also has rights in this property.  Is there any rule/law [We are Hindu-Jains] that mother can directly/automatically become 100% owner?

So, my understanding level, as I am not reachable for process to sell property,  I neeed to give my powers to some Trustworthy person to sign on behalf of me without which transfer/sell will become illegal.  Please correct me if I am wrong.

nithyarangasamy (legal trainee)     13 July 2011

hi sr,

u just give power to ur brother itself or any one u belive to act upon u regarding ur share in the property and then u and ur brother both made relese deed relinqushing your 2/3rd share in th property to ur mother  

R (Manager)     13 July 2011

Further to above, if my mother sell property directly in current state, will it be consider as illegal/forgery?

nithyarangasamy (legal trainee)     13 July 2011

no not at all. on the time u both are executing the release deed , ur mom become absolute owner of the whole property and its her wish to sell the property to any one

1 Like

R (Manager)     13 July 2011

Thanks, i mean, without release deed or any such supporting document, will the direct sell by mother will be illegal/forgery?

R (Manager)     15 November 2011

Hi,

I recently come to know that Proparty, owned by my [Late] Father and Mother jointly, was entirely sold by my mother and brother directly without my concent.

What can i do?


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