My grandmother has a settlement of deed which states that my mother can collect rent ,etc but is not allowed to sell the property. The property is registered under my mum's name. My grandma also stated that my mum cannot sell the property and that the property will be given to me and my brother in equal shares on my mum's death. My mum has died. How to I arrange to transfer the property to my brother and me? Do I need to engage a lawyer? The property is in Chennai.
1)apply for mutation of property in your name and that of your brother
2) enclose mother death certificate , settlement deed
3) indemnity bond on stamp paper of requisite value
4) Affidavit on stamp paper of requisite value attested by a Notary
5) in case no objections are received property would be mutated in your name and that of your brother
Must I and my brother (who are Singaporeans) be present personally in Chennai,India for the transfer? How long does this transfer process take?
It is not clear on death of your mother where does the proeprty go.
if it reverts to your grandmother once again then you do not inherit the proeprty and hence you can not mutate your names in respect of this property.
So before making any comment the settlement deed is required to be perused carefully.
Life estate of female member in many circumstances is considered to be her absolute proeprty even if restrictions are imposed upon her.
So for giving any concrete reply the deed is to be seen first.
1) you can execute POA in favour of your brother for carrying out mutation
2) it should not take more than 3 months or so
Hi, you and brother can execute registered partition deed dividing the property equally and this partition deed must be registered before the Jurisdictional sub-Registrar.
2. For drafting partition deed you need to take assistance of the Sub-Registrar.
1. If the said settlement deed was registered before the Registrar, you won't have to register any other deed afresh.
2. You shall have to file an application for mutating your name in the records kept by the BLRO/Municipal Corporation.
3. If both of you in whose name the aid property has been settled, wish to sell of the said property, you shall have to register the sale deed in favour of the third party before the registrar.
1. Transfer of property takes place by registering the deed of conveyance.
2. In the instant case there is no fresh deed of conveyance for transferring the said property in your names which have already bee settled in your favour as per the settlement deed registered by your grandmother.
3. So, you won't have to come to India for transferring the property in your name by registering any trasfer deed.
4. You can collect the application form from India for applying fr mutation and fill it up from abroad for filing the same before the Revenue Authorities duly annexing the copy of the said registered settlement deed.
1. Now that your mother is dead, the beneficiaries of the settlement deed i.e you and your brother should apply for mutation in your favour in the office of tehsildar. A lawyer should preferably be engaged for this to wind up the process smoothly.
2. If you and your brother cannot personally be present in India then you may execute a GPA in favour of a blood relative to initiate and conclude the process. The GPA shall be attested before the Indian Consulate and then registered in India.
In the settlement deed, your mother had lifetime interest alone.
The property stands transferred to you and your brother after the demise of your mother as per the recital of the settlement deed.
Now you and your brother can enforce the settlement deed by applying for mutation of revenue records and transfer of all other records on your names jointly.
Alternately, if you do not want to continue with the joint possession, you both can enter into an amicable registered partition deed and divide the property into two shares as per your mutual understanding/terms with separate possession of each share to each other.
No doubt a lawyer can help you to go through the process, but you can do it yourselves amicably too.
Must I and my brother (who are Singaporeans) be present personally in Chennai,India for the transfer? How long does this transfer process take?
For transfer of records to your names, you both can submit a joint application to the revenue department and all other departments, you can give an authorisation letter to a representative to carry out all the works on your behalf, this will stand good until there is no objection in any department.