cpc

possession of property


Dear Lawyers,

I am confused and need your suggestion. 

My father passed away few days back. He got divorced 9 yrs back from my mother, and we are not in touch with her since then.

My father and I were staying together in a flat in delhi, and flat is in my fathers name. I have a elder brother too but he stays in his own flat in gurgaon and has no interest in our delhi flat. Since our Delhi flat is in my fathers name and I am deciding to sell it, Please suggest what all papers I should get made.

After his divorce with my mother, it was only my father & I were staying together, and my brother was staying in Gurgaon. My father did not leave a WILL behind.

Please suggest.

Regards,

Aditya

 

 

 

 

 

 

 

 
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Advocate

Since your father passed away without leaving behind a WILL, the property will be divided amongst the class I heirs in accordance with the Hindu succession Act.

In your case - yourself and your brother are each entitled to 50 % share in the property ( 50 % + 50 %) . If your brother is not interested in the property , you must obtain a release deed from him , so that you become the absolute owner of his share, and then you will become the absolute owner of the property. Your estranged mother will have no rights on your father's self acquired property .

 
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Dear Sir,

Thank you for your reply.

Also, since the property is in his name, what all documents do i need to prepare as I am planning to sell off the flat ?

What is the procedure of the relinquishment deed ?

Thanks,

Aditya

 
Reply   
 
Advocate

The following documents will be demanded by the buyer - a) Original title deeds of the flat b) Encumberance certificate c) legal heir certificate d) Registered  Relinquishment deed.

The relinquishment deed is an irrevocable deed executed by your brother in your favour. As the subject matter is immovable property it should be registered at the local sub registrar's office. Pl take the guidance of an advocate to draft and help you with the registration process.

 
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