My wife and her brother are co-owners of an apartment in Chennai, being legal heirs of their mother (now deceased) and who owned this property.
My brother-in-law wishes to sell his share of the property for a consideration to my wife/ myself. We need legal advice for the following:
1) Can the transfer be registered through a settlement deed, and if so, what is the procedure, where it has to be registered, stamp duty etc
2) Does the property first need to be transferred into my wife and brother-in-law's names before the settlement deed can be issued, or can it be done on the basis of the Legal Heirship certificate?
3) What happens if the property need to be sold to a third party? Can it be done on the basis of LHC, or would a succession certificate be needed before the property can be sold or transferred?
4) Would the settlement deed be irrevocable later on by the issuer? What precautions need to be taken by the beneficiary of the settlement deed?
5) Would the consideration amount be mentioned in the settlement deed, and if so, what are the consequences with respect to duties in Chennai?
6) Can the consideration amount be paid by me and the settlement deed made in favour of my wife? Or would it have to be made in favour of me, being the financier? What would be the implications for settlement deed in favour of my wife vis-a-vis issued in favour of me?
7) How long would the process take?
Asked 5 years ago in Property Law
Religion: Hindu