Dear Sir,
My answers are as follows:
1]
Elder brother has 5 daughters, they want to give away their part of property to middle brother in exchange of money, what is the procedure here?
Ans: Get relinquishment deed or release deed from the daughters of elder brother, either jointly or individually.
Property is alaredy in name of middle brother, but to vacate the elder brother’s daughters from property, middle brother will pay market price for the part of property they are staying, what is the best way to ensure there are no legal issues later from elder brother’s 5 daughters, and their families.
Ans: They above deed/s is sufficient.
Will it be a partition deed or release deed or purchase or NOC?
Ans: Get release deed only.
What kind of transcation possible between middle brother and elder brother’s daughters?
Ans: It will be by release deed.
2]
Younger brother’s sons wanted the part of their property on which their father’s house stands to be transferred to their name.
Ans: Either may be asked to execute above deed or get into partition deed.
Based on legal opinion it was decided the best way to do this is to show it like outright purchase of that part of property by the son of younger brother from middle brother, since middle brother was sole owner of the property. It was told Gift deed and release deed was not possible because the younger brother was not alive and gift deed/release was not possible between middle brother and children of younger brother.
Is the decision taken here correct?
Ans: Right of preemption always exist between co-sharers. It means that one of the co-sharer has a first right to purchase the property otherwise he can bring a stay order on the proposed sale in favour of third parties.