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ravi nsipid   10 March 2019

Title transfer

will is registered as it can be executed by her son and the another legal heir is not interested in taking her share of property . do we need to take legal heir certificate or we can directly apply for title transfer


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 11 Replies

Suhail suhail (LAWYER)     10 March 2019

The other heir should relinquish her share by way of registerd relinquishment deed.

sSecure  your title flawless.

ravi nsipid   10 March 2019

how to produce relinquish deed ? is not enough to mention her relinquishing in affidavit ? please clear it in detail

Suhail suhail (LAWYER)     10 March 2019

No dear , she must relinquish(release)  her share, either by relinquishment deed to be drafted and registed  or she can make a gift deed in your favour and register that too.

You must be careful as no one knows who would start obecjting your title in future as cases happen where the mother leaft share the childern after their mother started claiming the share,.

 

ravi nsipid   10 March 2019

Of course we must proceed legally in property claiming related things to secure our share of property . We have registered will in which it is stated by deceased grand mother that her daughter ( another legal heir) is not interested in taking her share of inherited property so her son can execute and claim this property .. Here my doubt is since it is clearly mentioned in the registered will still it is needed to produce relinquish deed and legal heir certificate to get title transfer or we can skip Thor procedure and apply directly at the municipal office to get title transferred on to son's name

Suhail suhail (LAWYER)     10 March 2019

That is really fine.

If your grand mother has stated in will that her daughter is not intrested to take her share,you can proceed to get the will executed and transfer the title in property.

 

As the word of a will deed must be specific .

If there is only this much related that she is not intrested to take her share then still i advise to get written from her that she shad relinqusihed her sahre. but if  it  is  further mentioned that she will have no share from the property in the will then you need no other document as she is deprived of having anything from the property.

 

 

ravi nsipid   10 March 2019

So now we can directly approach municipal authorities to change title without applying for legal heir certificate

Suhail suhail (LAWYER)     10 March 2019

If there is only this much related that she is not intrested to take her share then still i advise to get written from her that she had relinqusihed her sahre.

but if  it  is  further mentioned in the will  that she will have no share from the property i then you need no other document as she is deprived of having anything from the property.
 

Shashi Dhara   10 March 2019

U file probate and succession certificate making the other as opponent party in civil court and obtain succession certificate

Shashi Dhara   10 March 2019

Movable or immovable property.

ravi nsipid   10 March 2019

Immovable property .. Independent house ..yeah I know for succession certificate we need to approach court but she is willing to give away her part of share and she very much related to us

Shashi Dhara   10 March 2019

Then u file civil suit in court and let she give consent or release her tittle in court. afterwards u take certfied court copy and change it to your name.in court her presence is not necessary. If her advocate file w.s is enough. With consent. .

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