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Dilip Kumar Arya   18 November 2021

Transfer of property rights

Can legal heirs (assume there is no Will) in the property (house) transfer the right to use of that property in favour of thier living mother (whichever way she wants to use but not sale as long as she live) but without heirs setting up a relinquishment deed upfront in favour of mother. And also get an agreement in place to dictate how that property should be distributed among remaining living heirs after Mother's demise. I know this sounds little tricky but experts' thoughts will be appreciated.


 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 November 2021

If a person dies intestate his/her legal heirs should apply for and obtain succession certificate. Thereafter any alienation of the property can be with the consent of all the legal heirs.

Archana Pandey   05 February 2022

Dear Mr. Dilip, 

As per the query, since you are willing to come into an agreement that you are supposed to give the property to your mother for fhe further use of any area even but you want to make a clause of No sale of such property. For this, you need to apply such agreement in the Sub Registar office. You must have will for distribution of such property among all the legal heirs after mother's demise. 

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