• Property dispute

My mother got 60 gaz house from his grandfather but no will no gift deed, however that had been registered on the name of his father. She is having 4 more sisters all are living on different cities. As now mother grand father and father both died, my mother living in this property from childhood, house tax also come by the name of my mother. Can we do registry now.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Client,

Without registered GIFT Deed or Will, ownership in the property cannot be transfer in your mother. Other sisters have equals share in the peropty, either they release/relinquish their share in favor of mother or by adverse possession property can be fully owned by mother. When her father expired ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

all sisters have equal share in land

2) to transfer land in mother name sisters have to execute relinquishment deed or gift deed

3) RD or gift deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

The sisters have to execute the relinquish deed in favour of mother to register it in name of your mother as all sister and brother if any of your mother have equal right on the property, So on father death since there is no will property automatically get transferred to the mother and children and further to get it in name of one relinquish deed from other siblings is required,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

When already judgment in your mother favor, very much sufficient, On the basis of judgement, mother sole owner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If sisters have sold their share land can be transferred in mother name

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

You would need gift or relinquishment deed from your sisters giving you their share in the property to you as after death of your mother, all her children are class 1 legal Heirs and hence have a share in the property.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

For title in this property to pass on to your mother, all her sisters need to execute a relinquishment deed in favour of your mther.

Only once the above relinquishment deed is executed, your mother will derive a share in this property.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, you can file a civil suit of declaration and get the registery done from court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

yes your mother can registered the property on her name.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. It seems that your maternal grandfather died intestate in respect of the house that was registered in his favour. On his demise it devolved through succession equally on all his children.

2. Since the other sisters have sold their share to your mother the latter became the absolute owner of the property. So she should simply now apply for sanction of mutation in her favour.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Since this property has been registered on her father's name, he shall be the absolute owner of the proeprty.

Upon her father's intestate death this property shall devolve on all his legal heirs, i.e., your mother and her siblings equally.

Even though your mother has been staying in the property for a long time, she cannot deny the rights of her siblings in the proeprty.

TGhey can either execute a registered release deed relinquishing their rights in the property in her favor or can arrive at an amicable partition so that the problem can be solved permanently.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Actually some 10 years back there was a case happened as well, in that rest all sisters sold there share and and share given to my mother, I have a judgement copy also please confirm house tax copy comes by mother name only will these things will be helpful.

Without knowing the case details or the seeing the judgment copy, no opinion can be rendered on it, however if you confirm that the sisters of your mother have given away their share of proeprty to your mother by a written deed, then she may try to transfer all the revenue records on her name and she can become an absolute owner of the proeprty thereafter.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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