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sada (CSR)     26 October 2010

sale deed cum AGPA

Hi Team,

could you please advise me will the above document be valid even after my death and will the property will be transfered to my wife/children...?

or can i gift deed the property on me and my wife...?

thank you

sada



Learning

 6 Replies

unique horn (self)     26 October 2010

Please make it clear , you want the property to be transfered now or after your lifetime?

sada (CSR)     26 October 2010

my major problem here is... my dad was a central govt employee... died in 1992 and after his death he has left a house and some money and as my dad died on duty so "one of my family member was eligible for the job" and my brother has pursued my mom promising he shall take of the family which he never did after getting the job and my sister got her share of money and gold during marriage (all the education was taken care by my dad's money for my brother and sister) but i had to pursue my education on donations from my school. my elder brother is 8yrs bigger to me.

the point here is my brother has taken the job (enjoying it completly) and my sister with what ever money/gold she enjoys its BUT coming to the house my mom decided to give it to me as i am taking care of her and she had registered the property on my name under sale cum AGPA but now my elder brother wants a share in it... i never expected more from my family so i decided to give 80syrds to my brother and will ask my brother to give some money to my sister as compensation and i will take care of my mom till her death (she doesnt want to stay with my brother)

i only thing i am concerened is in future (after my death) if my brother may create some proble to my wife and children...

so please advise how to proceed with registration and we will go for a bank loan and build the house again

 

niranjan (civil practice)     26 October 2010

On the death of your father, mother and three children,total four became equal sharers in the property. You can get relinquishment deed done by your mother and sister of their shares in your favour,thereby you will be owner of 3/4th share and if your elder brother want share,he can be compensated by money.His getting job in place of your father,would not cast any duty to forego his share in favour mother or family.

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2010

It was your father's property so legal heris of your father has got equal share in the property.  So your brother is asking of the same.  Your sister can also claim her share being a co-parcener. They can claim 1/4th share ( you + brother + sister + mother)

Let me clear whether your brother and sister have relinquished their share, whch they have in the house property.  If they have exeucted any rights relinquish deed ( regd.,) then they cannot claim their share in the houe, if not they have got right to claim it.

So convince them and get regd., the rights relinquish deed in your favour.  Now also you can do it

sada (CSR)     26 October 2010

thank you for all your suggestions,

could you please advise me the procedure to cancel the current sale cum AGPA so that i can proceed as you ppl mentioned...? 

SACHIN AGARWAL (ADVOCATE)     27 October 2010

All the legal heirs of your father has equal share in the property. Your mother and sister both can relinquish their rights and title in the said house in favour favour by executing Relinquishment Deed but it should be registered. In case of unregistered deed, you would not be the owner thereof.




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