My father died in 2012 without a will but verbally expressing the intention to give the house to me.this is the same house where my mother ,my wife and me are staying . This property is father purchased property and not hereditary. I have two siblings who are elder sisters. I am the last kid for my parents. My eldest sister was married in 1996 and the other elder sister was married in 2009 . My father had made 1 apartment each for both of my sisters and none for me. When my father died we got NOC from all the siblings and got the house property transferred to my mother. My mother now want to transfer this to my name since it has been 2 years I have got married and she is 70 years now. Would there be complications from my sisters for it.
Mother can execute gift deed to transfer property in your name
2) gift deed should be duly stamped and registered
3) your sisters can execute relinquishment deed to relinquish their share in property
4) mere NOC by sisters is not sufficient to make your mother absolute owner of property
Dear Client,
Sisters have equal share in father property, 1/4th each. Mother can make a WILL or Gift the property to you but same can be challenged by sisters, as they had not released their share in the property and just NOC, to allow mutation in mother name. Mother can execute WILL in your favor.
1. All the children including your sisters have given noc to transfer property to your mother's name
2. So your mother is now the owner of the property and she can do whatever she deems fit with it
3. Your sisters cannot object against the transfer of property by your mother to you
4. It is advisable that your mother transfers the property to you by a gift deed as stamp duty on gift deed is less in most states when parties to the gift deed are close relatives
since your mother is the present owner of the house property, she can transfer the same in your favour through a registered Gift Deed. If your sisters sign the Gift Deed as Consenting Witnesses you could avoid future litigation if they do not agree to sign then it could mean that they wish to seek equal share in the house property. Since this property is the self acquired property of your father and he has died without leaving behind a WILL, bequeathing the property absolutely in your favour.
dear sir,
the property in question was purchased by your father. after his death, the property will be divided amongst your siblings and your mother. since you have obtained NOC from all your siblings and transferred the property in your mother's name, your mother is the sole owner of the property and hence she can transfer the property to who so ever she likes. therefore, no complications should arise in this transaction.
regards.
Dear Sir,
Get it transferred in your name by Release deed or Relinquishment deed. If possible first change it in the name of your mother by producing death certificate of your father. Let the sisters go to court if they want.
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RELEASE DEED FORMAT
THIS DEED is made at ........... on this ......... day of ......... 19 ......... between Smt. A widow of B resident of ........ hereinafter called as Smt. A of the FIRST PART, and C son of B resident of ........ hereinafter called as Shri C of the SECOND PART and D son of B resident of ....... hereinafter referred to as Shri D of the THIRD PART.
WHEREAS B was seized and possessed of the property fully described in Schedule hereunder written (hereinafter referred to as the said property) and the said B mortgaged the said property on .......... in favour of E to secure the payment of the sum of Rs. .......... with interest @..........% p.a.
AND WHEREAS the said B died intestate on ................. at ............ leaving him surviving his wife and two sons, the parties hereto are entitled to equal shares in his estate.
AND WHEREAS the District Court of ......... granted Letters of Administration to the estate of the intestate on ......... to Smt. A and Shri D.
AND WHEREAS the said Shri C and Shri D have duly paid and discharged all funeral and administration expenses and all debts, except mortgage debt, which have come to their knowledge.
AND WHEREAS the parties hereto have agreed that Smt. A will release the entire estate in favour of Shri C and D in consideration of the payment of annuity and of the covenants hereinafter contained.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In consideration of the annuity hereinafter granted to Smt. A and of the covenants hereinafter contained, the said Smt. A as beneficial owner, hereby assigns and releases unto the said Shri C and Shri D all that her rights, title and interest in the properties described in the Schedule hereunder written and to hold the same unto the said Shri C and Shri D in equal shares as tenants-in-common.
2. The said Shri C and Shri D hereby jointly and severally covenant with the said Smt. A that they or their legal heirs will pay to Smt. A, a sum of Rs. ............ during her lifetime, the first payment to be made on ........ and being in respect of the month beginning on that day.
3. The said Shri C and Shri D hereby also jointly and severally covenant with the said Smt. A that they or their legal heirs will pay mortgage money secured by the mortgage on the said property and will at all times hereafter keep the said Smt. A indemnified from and against all actions, claims, proceedings and demands in respect thereof.
IN WITNESS WHEREOF the parties hereto have set and subscribed their hands to this writing the day and year first hereinabove written.
The Schedule above referred to
Signed and delivered by the within named Smt. A
Signed and delivered by the within named Shri C
Signed and delivered by the within named Shri D
WITNESSES;
1.
2.
Since your father died intestate, therefore you, your siblings and your mother, being the class 1 legal heirs would be equal owners of the your father's estate.
NOC from your sisters is not sufficient for transfer and your sisters would have to execute relinquishment deed in your favour as they both have already got one apartment each from your father, hence i don't they'll object to it.
Your mother would also have to execute a gift deed in your favour, which should be registered.
1) There should not be any issue to transfer the property on your name. If your mother has whole rights on the property.
Just the name transfer of property to our mother will not make hr the absolute owner of the property.
For gtting the property registered to your name, your sisters and mother should execute a registered release deed relinquishing their right in the property in your favor.
This will make you the absolute owner of the property with clear and marketable title in your name
1. Mere NOC does not effectively make the property transferred in another persons name.
2. So in other words on death of your father intestate your mother, you and 2 sisters inherit the property in undivided equal 1/4th share. Their NOC has no value.
3. So to make you or your mother its sole owner you need to get a registered gift or release deed executed from your sisters.
4. If they d not then they can claim their share in the proeprty at any point of time.
1. Based on the NOC of Sisters, let mother execute a Registered Gift Deed in your favor, while mother being still alive. IF possible let sisters also give consent signature on the Gift Deed, thou not necessary.
2. Gift Deed is irrevocable and non-reversible and other legal heirs will not be able to challenge the same, if the Gift Giver is of healthy mind.
Keep Smiling .... Hemant Agarwal
