Flat transfer to my mother and brother after father's death
My father died unexpectedly and made no will. He is survived by my mother and 3 sisters and 1 minor brother. We reside in Mumbai, but he bought 2 flats in Lucknow, UP. Now we want to transfer those two flats in the name of my mother and brother. What is the procedure, please suggest? We are Muslims, is the law different for Muslims? My father's mother is not alive.
Asked 3 years ago in Property Law from United States
1) muslim can bequeath only 1/3rd property by will
2)on your father demise your 3 sisters, brother and mothers are legal heirs .
3) flats cannot be transferred in your mother and brother name without consent of 3 sisters .
4) they will have to execute release deed /gift deed so that flats can be transferred in name of mother and brother .
5) on basis of release deed/ gift deed apply for transfer of flat in name of mother / brother in coopertaive society where flats are situated
1. Since your father died intestate, then all the legal heirs i.e., your mother, you, 3 sisters and 1 minor brother will have equal share in the properties viz., 1/6th share.
2.You and your other siblings can transfer the 2 flats in Lucknow in the name of your mother and brother by executing relinquishment deed in favour of them.
How can we execute release deed? Is it a kind of affidavit or do I need to do it in court? If in court, can we do it in Mumbai?
Asked 3 years ago
1) release deed is relinquishment of share in property .it is not an affidavit but duly stamped instrument
2) it has to be duly stamped and registered in UP where the flats are located
Release deed can be executed in the jurisdictional Sub-Registrar's Office where the property is situated. You need not go to court for executing release deed.
1. Execute and register a Relinquishment/Release Deed relinquishing your share of your father's property in favour of your mother and brother,
2. For relinquishment of right on property the law for both the religions are the same.
1. No. It is a full fledged Deed wherein you will relinquish/release your right in favour of your mother and brother,
2. You shall have to execute and register the said Deed before the Registrar having jurisdiction on the area where the said flats are situated i.e. at Lucknow.
After the demise of your father, mother, 3 sisters, brother and you are the legal heirs. If you like to transfer the property to mother’s and brother’s name; execute a release deed in favour of them before concerned Registrar office (The registrar office situated in the locality of the flat)
Release deed is not an affidavit. It is the document created according to registration act and duly stamped instrument
1. If all the 3 sisters are into a consensus with respect to the transfer of the flats to their mother and minor brother then they may execute a deed of release to pass the ownership of the flats to their mother and brother.
2. The said deed will have to be signed by all the 3 sisters.
1. Get the said deed drafted from a lawyer and then sign it.
2. It is not an affidavit and is not to be executed in the court.
3. You are free to do it in Mumbai.
Indian Muslim inheritance is considered as an integral part of Shariah Law Act 1937. transfer of property law will not apply in your case. A widow is entitled to one-sixth share of her husbands property when there are children. A daughter gets half of whatever share her brother gets. In case she has no brother, she is entitled to a share of half the property. The share of the male is double that of the female.So divide your share according to above mentioned rule and get registered. Partition deed or gift deed may be registered at any place in India where registration act prevails.
Since your father died intestate, all the property would devolve on the legal heirs equally. If you want the flats to be registered in the name of your mother and brother, a release deed or relinquishment deed/gift deed is to be made by the three sisters in the favour of the mother and brother. on the basis of the said deed, transfer in the name of mother and brother can take place.
It is not an affidavit but written on a stamp paper. it is a deed whereby the rights are given up by the party in favour of another party. It is to be registered with the Registrar office, UP.