sam (none) 24 February 2012

Property transfer on father's death

Hi,

My father has a freehold house in his name. After his death, we (4 legal heirs including mother) mutated the property in my mother's name in municipal corporation record. We are 2 brothers, 1 sister and sister has relinquished her right. Now how do we transfer the property in brother's name and divide it amongst both brothers? I am confused since we don't know if mother needs to relinquish her right (but mutation is in her name for whole property in corporation records), make her will or we do a partition / gift deed?

Thanks,

Sam, Delhi

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2 Replies

sridhar pasumarthy (ADVOCATE) 24 February 2012

Mere mutation of name in revenu/municipal records does not confer title.

Better to draft a Family Arrangement and register it.

sam (none) 24 February 2012

Thanks for the reply.

My concern is whether Family settlement (registered) can be challenged in court in the futures. All member want to settle amicably without any future issues with 3rd generation as well.

Thanks!