• Query regarding transfer of ownership

My elder brother is administrative controller of the house/plot where i am staying currently. After my father passed away, My brother got succession certificate from Mumbai high court in 2005 for the entire plot.
He stays in same plot but has separate house with separate entrance & i have separate house with separate entrance in same plot. This property is not a flat but an open plot with houses/ room built on it.

I need to know the process and documentation that i will need to transfer my portion of the plot and house in my name so that i become the legal heir and owner of my portion of the house.

Kindly suggest. Thank You
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

See if brother mutually agree then you both can sign a partition deed and same can be registered otherwise for your share you need to file a partition suit before the civil court seeking share and possession of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Succession certificate is only for movable debts and securities 

 

2) he must have obtained letters of administration from Bombay high court in joint names as you are also legal heir of deceased father 

 

3) deed of family settlement can be executed fir division of plot by metes and bounds 

 

4) you can then get mutation of plot in your name 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Get your undivided share in the property partitioned by metes and bounds and after that get your name included for your defined share in the property through mutation process.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. as your father died without leaving a Will, I think your brother must have obtained Letters of Administration from court and not succession certificate

2. your brother as an administrator will be holding the plot and the house thereon only in trust for all the legal heirs of your deceased father

3. i would like to know who all survived your father?

4. the legal heirs of a Hindu male are his widow and children who take equal shares in the properties left by the deceased

5. your brother needs to execute a transfer deed to transfer your undivided share in the plot and house to you. This transfer deed has to be registered which will complete your legal title to the property

6. you and your brother can also mutually divided and partition the plot so that each is entitled to their respective shares and the share that comes to you on mutual partition can then be transferred by your brother by executing and registering the transfer deed as above 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

A person who does not leave a will on his death is said to have died intestate. A succession certificate is mandatory for claiming assets such as bank balance, etc.

Make an application for letter of administration in a court having jurisdiction.Contact local lawyer.You can get it mutated in city survey office being a legal heirs.The co-owners of the property can partition it by metes and bounds.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) You should have challenged the succession certificate at that time, why your name was not mentioned in it or in succession application your name were mentioned in it or not ?

 

2) Here now you can ask to your brother for partition of the plot and enter your name in the property card in BMC as in Revenue Department as well you are also legal heirs.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) did you execute affidavit relinquishing your right  , title , interest in property ?

 

2) deed of family settlement has to be executed before sub registrar office 

 

3) it has to be stamped and registered then only mutation of plot would be done in your name 

 

4) if brother refuses you have to file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Your brother by getting the LA grant from court, doesn't automatically become the owner of the entire plot originally owned by your late father

He is holding the property in trust for all legal heirs of your father, which also include you

That is your brother is only a trustee

If your brother doesn't transfer your share in plot to your name then you can file an application in the court to remove him from administration ship and for appointment of a court administrator with direction to that administrator to execute transfer deed for your share

If your brother is agreeable to recognise your share in the plot then you both can simply execute a partition deed and register it and thereafter your brother in capacity of administrator can transfer your divided share in your favour by registering transfer deed in your favour

Whether your brother agrees or not for transfer of your share, you have to involve him

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1) You had given NOC on what basis is there any settlement deed happened between you two against this property you will receive another property?

2) If you have not received any property from him than you can ask personally that transfer half share of property on your name by way of release deed or quit claim deed. Here you don't have to pay any registration charges to government.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to execute a registered partition deed for the same outside court. It depends on the value of the property. If you have given him NOC then how come you require the share

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Letter of administration authorize him to deal with the estate. Write him for mutual selltement or partition of the property in proportion to your share in the property.

With settlement/partition deed go to municipal authorities and fill up necessary form for mutation and submit with payment of applicable fees. Your name will be incorporated in their records for your portion of the property. You may also apply for a separate premises holding No. for your portion.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1.  IF you have given NOC for purposes of Letter of Administration, THEN it means that you have relinquished all your rights on the property.

2.  NOW you cannot claim anything on the Property.  Family Settlement Deed is applicable only on disputed issues.

3. ONLY option is for the brother to Gift you half property via a registered Gift Deed, wherein both names will be  reflected in the property documents and mutation entries.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Family settlement is executed and registered on stamp before the sub-registrar office on payment of stamp duty and registration fee.

2. The you have to file a civil suit for partition and your share of flat.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a partition suit seeking partition of property in the same manner as being enjoyed by both with allotment of common areas being distributed equally.

Once the court is passing  decree then you can register the same in your name accordingly.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Family settlement deed may be registered by paying appropriate stamp duty  and after that you can mutate the property with the revenue department.

The time taken,cost and other issues may be enquired locally with any consultant

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer