trueindian (manager) 19 July 2012

Property transfer regarding

Respected forum members,

I have a tipical problem which i am putting before you for solution. My mother in law who was a central govt employee expired and did not leave a will. She has 2 daugheters( both married and my wife is the ealdest) and one son( also expired unmarried). She has 2 plots in different places on her name. while in her last days, her 2nd daughter got one plot registered to her name without the knowledge of her sister.Now after her death, my wife wanted to get the remaining plot transfered on her name.

My querry is :

1. what all the documentation needed in support for getting the registration transfered?

2. Is No objection from sister compulsary? if yes , is a written letter on white papar with signature sufficent or please suggest.

request members to kindly guide. thanks in advence

regards

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2 Replies

Naveen Kumar (service) 20 July 2012

Mr.Sunny,

To get the property in your wife's name first she needs to transfer the katha of the property in her name, by producing Death Certificate, Present Tax paid receipts, all documents with respect to property and Affidavit from her sister [who already got registered the property without knowledge of your wife] stating that she dont have any objection to transfer the said property in your wife's name. Once your wife got the katha in her name your wife needs to ask her sister to execute a release deed in favour of your wife - releasing her rights over the property.

Ajit Singh Cheema (practising Advocate) 20 July 2012

Both the plots should have been got mutated in the names of two daughters in equal shares through inheritance mutation. The facts are not clear how one daughter ,got registered in her name the plot without the consent of the other daughter.