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pratimasingh   16 March 2015

Process of transfer of property

We are three sisters and one brother all settled in India at different places. My mother, a widow, wants to divide the property, i.e. a piece of land with old structure on it, into 5 parts (mother, brother and 3 sisters). We the sisters and the mother are planning to raze the old structure and construct 5 flats on the plot i.e. 1 flat each. But the brother is not keen on this. I may please be guided in the matter on the following aspects:

1)      What is the process to transfer the property in the name of 5 members i.e. mother, brother and sisters?

2)      Which are the documents/papers required for the transfer?

3)      What is the legal paperwork to be done for construction of 5 flats?

4)      Since the brother is not keen on this idea and if he doesn’t sign the papers, what is the way out?

5)      Whether the brother can assign the mother to sign the papers on his behalf by way of POA, then in that case whether the POA needs to be registered?

 

6)      If the brother is not ready even for POA, what is the way out? 



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 3 Replies

Kumar Doab (FIN)     16 March 2015

Who is owner of the property?

Is he/she alive?

If No in which year he/she deceased?

 

What is his/her faith e.g. Hindu?

The property is self acquired or ancestral?

 

pratimasingh   16 March 2015

Thanks.

We are Hindu. It is not an ancestral property. My father acquired the land and constructed a house. He died in the year 1995 without writing a will. After he expired, the property was transferred in the name of my mother. This property is situated in Bihar. 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 March 2015

Sir, Since the property is your mother name, she can transfer the property the way she wants to give ..... Prepare a family settlement deed and get the property registered in your everyone's name for avoiding future disputes .... Regards Kapil Chandna Adv 9899011450

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