Civil Procedure Code (CPC)

Transfer to shop after father's death


We are 4 brothers and sisters. My father died recently. Mother is alive.

How can my father's commercial shop be transferred in my wife’s name? Other heirs have no problem in this. Will it be a sale or inheritance or something else? Will it be first transferred in the names of heirs? Legal heris will then relinquish the rights towards one heir and then it will be sold or gifted to my wife? What's the cost of transfer to heirs? cost of relinquishment? cost of sale or gift?

Will the procedure be same or easier if its transferred to me (as son)? Other heirs have no problem in this too. The procedure may be first transfer to the heirs, then relinquishment towards me. Will it be a inheritance or sale or gift or something else? Other cost related questions same as above.

 

Thanks in advance.

 
Reply   
 
Lawyer at Supreme Court of India

Dear, You all can relinquish the share and get the shop transferred and mutated in her name..... Cost of the same would depend upon the price of the property.... Kapil Chandna Adv 9899011450
 
Reply   
 


Lawyer at Supreme Court of India

Dear, You all can relinquish the share and get the shop transferred and mutated in her name..... Cost of the same would depend upon the price of the property.... Kapil Chandna Adv 9899011450
 
Reply   
 
DEEMED/CONVEYANCE OF BUILDING

Property passes to 6 heirs. If they relinquish their share in favour of your wife, it is possible that you may get  it transferred in your name after completing transfer formalities including transfer fees + entrance fees to the  Society in which shop is located .

 
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Advocate

The property being your father's intestate property, it will devolve on all legal heirs equally, you are entitled to 1/6th share in it.  If the other legal heirs consent to give away their share in the property to you, they all can execute a registered release deed relinquishing their rights in the property in your favor after which yo will become an absolute owner of the property.  If you want this property to be on the name of your wife directly from all the legal heirs of your father, all the 6 of you can execute a joint sale deed in her favor to make her an absolute owner or once the property is transferred on your name, you can execute a registered gift deed in your wife's favor. 

As far as the cost for all the above activities, you may enquire from the local registrar's office as the same differs from one state to another.

 
Reply   
 
ADVOCATE & SOLICITOR divyatta.r@gmail.com

1st to transfer in your name as son of family by release deed/relinquish deed 

and then gift deed in your wife name.

 
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