Ashish Kukreja (Accountant) 27 April 2014

Property query.please help,it's urgent

Dear Friends

My Brother in Law has a property in Ashoka Enclave,Sec-37, Faridabad. He is now a citizen of Australia,residing there for past 5 years.The property is in Joint Name of him and her mother.In Feb,2014 his mother expired with no will made by her.My brother in law has 3 sisters and 1 brother ,in total 5.His father is still alive.He want the entire property to be in his name.The possession of property was taken in 2005 , but the stamp duty and other final formalities were completed in Nov,2009.

Now my brother in law wants to sell the property,What documents and formalities are required so that he can freely sell the property.?

Waiting for a quick reply from your side

Thanks in Advance

Ashish Kukreja

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3 Replies

devanand (Manager) 27 April 2014

Dear friends,

I have some queries of my grand father property here, where my grand father is died no more now my grand mother is taking care of the property and its under her control.

My mother has 2 brothers , where i understand that according to Hindu Succession (Amendment) Act, 2005, Daughter has the same right to claim in the father's property like son.

My question is , if my grand mother is going to write the WILL or some written agreements stating that my mother only can get some small amount of share not equal share, Is there are possibilities where can we file a case for getting equal share for my mother even after writing the will.

please suggest and reply on this..

devanand

devanand (Manager) 27 April 2014

waiting for your suggestion and response...thanks again

Devanand

Laxmi Kant Joshi (Advocate ) 27 April 2014

Ashish when your brother in law had transfered his property in his father name in 2009 , then he can not sell that property because he is not the owner now , the owner is his father . @devanand , if The property is in the name of your grandfather then your grandmother has no right to make her will for those properties which were not in her name , if she makes then it will be challanged in the court .