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Dharmendra (-)     24 September 2015

Transfer of property

Dear Experts, We reside in Mumbai and the residential property is on my mothers name. She passed away in year 0f 2013 and there was no will or nominee registered at society. We are three legal heir of property. 1. Father 2. Sister 3. Myself (brother) Based on No objection from Sister and Affidavit duly notarised society has transferred share certificate on Fathers and My name. Still do we have to prepare any documents because at registrar property is still on name of my mother. What is process to follow? Would be great help if you also inform on approximate time and expenses. Thanks a lot for your help and guidance. Dharmendra


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 4 Replies


(Guest)

generally wife's property goes to husband after her death. if your father transfers the property through will to you with a NOC from your sister then the property will be yours after you take probate after your father's death.

 

if your father gifts the property to you through a gift deed with an NOC from your sister then the propery will be yours right now.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     26 September 2015

Husband and children are First Class Legal heirs so all the 3 members having equal rights.

(If women died intestate leaving property. her property firstly devolves upon her sons and daughters and also husband)

 

SunithaTarun   26 September 2015

Dear Experts, My father passed away 3 years back.He registered a will in 2008 .I didnt see that will yet.As per my mother words the all property given to my brother and I am not part of this will.My father was angry about my love marriage.He had some noticeable changes after my son birth.

My father in his last time, he request all my relatives to make my brother to purchase a house for me.I couldnt see my father in his last days due to my brothers stubborn character.Even My brother asked me to go out from our home when i went for funeral.I used to keep quite as their behaviour changed due to my marrige.

Now around 1 year my mother telling that my brother ready to purchase house for me.But I need to sign a noobjection.

The descripttion of noobjection as follows,The will my father made on 2008 is his last will and he doesnt have any other will.Also I accept all the terms in that will.

I was sad hearing my brother doing house purchase drama for only my sign.I said i dont want to get into this business deal.He informed that he require noobjection from my end taking loan for purchase house.

He said if i give sign then he dont have to go to court to  present this will.It is easy for him to take loan from bank with my noobjection.I said how come i sign a paper without seeing my fathers will.Also my kid also have authority to get his grand fathers property.So I have to be answerable to him.

I said my primary need is house,which you only said that you will buy for me.Kindly do that first.I will sign what all papers you required.My fathers property value less than 5% required to do that.But he is not ready for that.He told if you sign then purchase house for me with in 10 days.

Finally I informed him that if he doing this for loan,then I will give noobjection to that property only.Later after house purchase will provide noobjection for all property.

If I have any option then i may not take anything from him.As i got a feel that he didint allow to see my father just for the property.

I dont know whether I am doing is correct or not.I really didnt understand why he is not submitting it infront of court.I feel he has some doubt like

1.He feels that my father written some other will later.

2.My father was doing real estate.So may be all properties not covered in this will.

3.He affrid I will say any objection infront of court.

I really dont know what to do.I dont want to file a petition or anything.I dont want to do a fight with my brother for property.Could anybody suggest me a solution to solve this issue.

Thanks and Regards,

Ms.Sunitha Tarun
 

Sharath   05 October 2015

I have purchased a flat from the actual owner of the land who gave it for development and received few flats from him. From past 15 months I am residing there with out registration because i had to pay him balance amount.Now what i come to know that the same owner had already sold the same flat to some other influential person but received part payment. There is also an FIR registered on this issue. I have checked Encumbrance, Link documents etc. But no where it is mentioned about this issue. more over every where it is mentioned that he is the actual owner. The person who bought earlier was asking me to forget the money as well as the property. I dont know what to do. can anyone suggest me what to do


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