We have a property in our father's name who died 10 years ago. We are seven children (3 boys & 4 girls) to him.
Now our 4 sisters want to give permission to change the property in our (3 boys) name. Please advise what is the procedure?
Biswanath Roy (Advocate) 10 January 2014
Declaration in the form of an Affidavit is needed wherein your sister will declare that she is relinquishing her interest in the property and given it to her brother, Such declaration must be countersigned by her husband as witness.
SKapoor_Lawkonect (Lawyer) 10 January 2014
Hi Pitchai, with regard to your query I am of the opinion that you will have to get a declaration by all your sisters on an affidavit saying that they want to relinquish their interest in the property and no more interest in the property hereby subsists. Moreover, if your sisters are married the declarations so made will have to be countersigned by the husbands of your sisters in case they are not married there is no such requirement of countersigning the affidavit. I will also advice you to get the declarations registered as per the provisions of The Registration Act, 1908 as a registered declaration with regard to a property will have more say in a court of law than the one which has not been registered, in the light of Section 49 of Registration Act, 1908.
Regards,
SKapoor,
www.Lawkonect.com,
9555507507.
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