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Prateek Jain   23 August 2022

Parental Property Name Transfer

My grandfather died living behind a notrized affadavit for our dwelling house on my father's name out of 6 more legal heirs.It's been 16 years since then but we didn't replaced his name but recently my father also demised.No proper division of property took place between my father and his siblings.

Recently we used that affadavit to transfer house to my Mom's name and it got approved from tehsil office.

We are suppose to sell this property is there anyway those heirs can raise objection to this ?

We are living in this house from over 30 years and all the taxes are being paid by my father or by me.Please provide your advice.


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 2 Replies

Dr J C Vashista (Advocate)     23 August 2022

Notarised affidavit is invalid and insufficient document for transfer of your grandfather's property in favour of your father.

All siblings of your father have equal share in the intestate property left behind by their father / your grandfather.

Prateek Jain   24 August 2022

But on the basis of same affidavit I got the name transferred and will be applying for registry next.If it is invalid how can municipal corporation passed it ?

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