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Rajendra   17 November 2017

Property related matter

Hello,There is a property(200 yrds measurement) of my in laws at kanpur registered in the name of my mother in laws name in a society in which 3 bed room house has been constructed.There are other 300 houses in the same society.It was all constructed by the builder in 1999-2000 and has given the possession to respective owners.My in laws are no more.My mother in law had made nominee to their two sons and my wife for this property.The property has not yet been transferred in their name.Now,my wife being a 1/3rd owner,wants to buy this property from their brothers. My query is as to to how to go with this deal? Is it safe to buy this property which means will there be any problem in future by the childrens of my brother in laws? Will there be a direct transfer of property if we buy to my wife name without getting it transfer to their nominee names i.e.brother in laws and wife name.Please advise the procedure keeping in consideration the place is Kanpur(UP). Thanks in advance for advise.


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 9 Replies

Kumar Doab (FIN)     17 November 2017

It is believed that you are all Hindu.

You have not posted about valid WILL if any left by deceased owner (your MIL), so it is believed that NO valid WILL has surfaced.

The property was self acquired/absolute or acquired from parents or husband?

Confirm!

Kumar Doab (FIN)     17 November 2017

 

In case of Hindu Female the nature and source of property matters.

 In case of Hindu Female: the husband (if alive as on date of death), sons, daughters have 1st and equal right in self acquired/absolute property….

In case of Hindu Female: if property has devolved from parents, sons, daughters have 1st and equal right and if they are not available the heirs of father have 1st and equal right………… 

Succession opens on date of death of owner/title holder.

Property from Mother’s side is not ancestral.

 The society may ask to submit requisite forms and docs e.g; share certificate, death certificate, and can update in the nominees (that are also legal heirs) and may ask for legal heir certificate. Get in touch with O/o Society.

Kumar Doab (FIN)     17 November 2017

 

The brothers can relinquish/release/transfer/gift/sell etc by a valid/registered deed in favor of their sister and thus se may become sole owner.

For local needs you may get in touch with a very able LOCAL counsel specializing in revenue/civil matters and well versed with succession laws that apply in this case and your customs and your state laws, society bye laws, for a considered opinion.

SHIRISH PAWAR, 7738990900 (Advocate)     18 November 2017

You can transfer the entire property in your wife name if your brother in laws are ready to transfer it by way of relear or gilft. If your brother in laws are ready then you can register the deed with sub registrar of transfer it in your wife's name.

SHIRISH PAWAR, 7738990900 (Advocate)     18 November 2017

You can transfer the entire property in your wife name if your brother in laws are ready to transfer it by way of release or gilft. If your brother in laws are ready then you can register the deed with sub registrar of transfer it in your wife's name.

 

Rajendra   20 November 2017

Thanks for the reply.Brother in laws are ready to sale the property to her sisiter i.e. to my wife.So can this be done.And what about the future claim on this property by their daughters/sons.Will there be any litigation in future?

Thanks for the reply

Balachandar Balasundaram   20 November 2017

I want to reovke a release deed. I have relinquished 1/4 th of my share in the residential

1 Like

Kumar Doab (FIN)     20 November 2017

Dear LCI Querist @ Mr. Rajendra,

The property that devolves by inheritance is of nature self acquired.

The owner(s) e.g. brothers that have inherited the property can dispose the property share in anyone’s favor by registered sale deed.

If legal heirs of brother (s) agree to sign as witness/ consenting witness that may be arranged as an additional measure for your satisfaction.

Kumar Doab (FIN)     20 November 2017

 

Dear LCI Querist @ Mr. Balachandar Balasundaram 

 

Approach a local counsel handling such/civil matters for a considered opinion and understanding grounds and merits if any, in approaching court of law so as to revoke the said relinquishment deed.


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