• Property ownership

Hi..
 My father  expired leaving behind three legal heirs - myself, my younger brother and my sister. We have a house in   Faridabad in the name of my father . We have lost the  documents of the property  .

How we can get the documentation done ?

Secondly , Due to ill and irresponsible behavior .My Mother  has  disowned my younger brother  from  all legal rights.


Now ,My Mother and Sister has no objection and ready to transfer ownership rights of that property to  me .

Can property  will be  register  on my name  without consent of my younger brother ?

Please advise Would it be better to get Relinquishment Deed for the house and would that suffice?


I want to sell this house in Faridabad  and want to know the easiest and least expensive way to get the necessary legal documents for the purpose.


Any advice will be highly appreciated.


Thanks
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu
1) there are 4 legal heirs as your father died intestate ie your mother , you , your brother and sister 

2) if original documents are lost obtain certifed copy of said documents from sub registrar office 

3)your mother and sister can execute gift deed to transfer their 1/4th  share in property to you . gift deed has to be duly stamped and regd 

4) in many states gift deed in favour of family members attract no stamp duty or nominal stamp duty of Rs 500 or so 

5) you would need your brother consent to sell the house in faridabad . offer him his 1/4th share from sale proceeds
Ajay Sethi
Advocate, Mumbai
23144 Answers
1215 Consultations
5.0 on 5.0
1. You can get by applying certified copy of the title deed from the registration office. if the property is already mutated in your father;s name then to change his name with yours would not require the past tlie deed.
2. Disowning your brother will have no legal standing and he will nevertheless inherit your father's property in equal shares with you.
3. your mother and sister can gift theor share on your name but you can disentitle your brother in having share in the property.
I may add that mutating the property in your name alone does not make you its exclusive owner.
Without the signature of brother the house can not be sold .
Devajyoti Barman
Advocate, Kolkata
5169 Answers
54 Consultations
4.9 on 5.0
Hi,
You need to get Heirship Certificate from the Court and for that you need original or certified copy of the property of your father. Your younger brother has to be included in this as this property belongs to your father and mother's. For this you contact a local lawyer from Faridabad where the property is located. After getting Heirship Certificate from the Court, you can make relinquishment deed signed by your mother, younger brother & sister and register it then only you will become the sole owner of the prperty and can sell it off. At present your mother, younger brother, sister and yourself are the legal heir of your father's property in absence of will.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1.If your father had died without leaving a WILL(Intestate), then your mother, you, your younger brother and your sister will have equal right over the property i.e., 1/4th share each.
2.If you have lost the property documents, complain about the same to the jurisdictional Police Station and also a Public Notice in local newspapers may be published and a reward announced for the person who delivers the original document papers. Otherwise you can get certified copies of property documents from the Sub-Registrar's office and the same thing holds good for future transaction.
3.Even if your mother disowns your younger brother, still he will have 1/4th share in the property because the property is not your mother's.
4.Your mother & sister can release their share of property voluntarily in your favour by executing release/relinquishment deed.
5.If you want the entire property to be registered in your name, then your younger brother should also voluntarily execute release/relinquishment deed, alongwith his mother & sister in your favour.  This would suffice.
6.Before selling, you can get the certified copies from the Registrar's office which can be used at the time of selling the property.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
If you do not have the original documents, a certified copy of the registered owner from the Registrar office can be obtained. Since your father died intestate, all the legal heirs i.e. mother, you, younger brother and sister would get equal share. If your mother and sister have no objection then a relinquishment deed from their side would suffice to get their share of property on your name. however without the consent of the younger brother you cannot further sell the property. Since he is entitled to 1/4th share, it is advisable that you offer him 1/4th proceeds from the sale of the house. That properly would settle the issue.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. The documents can be obtained from the office of District Registrar.

2. Your mother is no one to disown your brother as she is not the owner of the property. The share of your brother in the property is indefeasible. Your deceased father, the owner of the property, could alone have disowned him. 

3. Since the share of your brother in the property is indefeasible it cannot be registered in your favour alone unless your brother also agrees to sign the deed of relinquishment.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hello,
1) The total number of legal heirs are four as your mother is also a legal heir along with you the siblings.You can apply for a duplicate copy of the lost document to the sub registrar's office.First of all you will need to file a police complaint and follow it up with an application for issuance of a duplicate copy of the Registered Sale Deed.You will be required to produce documents such as ration card, death certificate of father etc to establish your ascendance to the property.

2)Your mother has no authority to deprive your brother of his right to the property as it comes to him as the son of the deceased.

3) You will need to get him to relinquish his right and the relinquishment deed needs to be duly stamped and registered.

4)The easiest would be that all the legal heirs in unison sell the property to the prospective buyer.It would suffice that all of you sign the sale agreement as consenting parties. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
All the person has 1/4th share in the property .Your mother and sister can release only their share of property in your favour by executing release/relinquishment deed. With out the consent of your brother you can’t sell entire property. 

If the original deed had lost then applied for a certified copy of the title deed before sub registrar's office with complying all the formalities you can sell the share to other person 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. You have stated that the property stood in the name of your deceased father who died intestate,

2, You can collect the certified copy of the title deed from the office of the Registrar,

3. After the demise of your father, all his legal heirs i.e. all his children and wife, have become joint owners of the said property with equal share,

4. So, all the legal heirs, including your mother, will own 1/4th of the said property,

5. Your mother has no legal authority to disown or disentitle your younegr brother from his share of your father's property,

6. She can disown him to acquire her share of the property only,

7. If your mother and siste executes and registers Relinquishment Deed relinquishment of their shares of the property of your father, you get 3/4th of the said property and 1/4th share is still retained by your brother,

8. So, you can not sell the entire house to a third party without the consent of your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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