We are two brothers and a sister. sister got married in 90's.My father built a house in 2002 on a piece of land purchased by my grand father who died in 70's. my grand mother also died. My father died in 2015 without writing any will. My brother also died after six months, he has wife and two sons age 19 and 17. my question is 1. does my mother gets the full ownership of the house? 2. if not, if I want to get the full ownership what is to be done( this house was built fully with my money but no proof, i have sent money from overseas to my fathers account which was closed by my father himself) 3. how it will be partitioned, my sister and mother are in favour of me(willing to give NOC for me) kindly advise me how to proceed to acquire this house.
Not only mother but all 4 equally, 1/4th share each and deceased brother share will inherit in his wife and children.
Even closed account statement may available to bank. But mere contribution in construction dose not give you ownership right. All 3 have to execute release deed in your favor to make you absolute owner.
Not NOC but release deed will execute.
1. No mother doesn't get full ownership all legal heirs shall have equal share in the property.
2 See to get full ownership other legal heirs need to relinquish property in your favor.
3. You , your mother your sister and deceased brother shall have equal share in proeprty. The share of deceased brother shall go to his wife and children.
1. "ALL" the residual Legal Heirs of deceased Father are entitled to EQUAL share in the property and no single person can claim full rights.
2. "ALL" the residual Legal Heirs of deceased Father, may execute a Registered Family Settlement Deed, in your favor, releasing all their rights and claims unconditionally in your favor.
3. This Deed would be legally sufficient for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....
mother has only one fourth share in house
2) your sister , legal heirs of predeceased brother , your mother should execute relinquishment deed to relinquish their share in property
3) mere NOC is not sufficient . gift deed or relinquishment deed ahs to be executed by your mother , sister
No she will have right along with the other children. If your father had will and he had given full share to mother then she will have the same
1. does my mother gets the full ownership of the house?
NO2. if not, if I want to get the full ownership what is to be done( this house was built fully with my money but no proof, i have sent money from overseas to my fathers account which was closed by my father himself)
FOR CLAIMING EXCLUSIVE RIGHTS IN THE HOUSE, YOU WILL HAVE TO FILE A DECLARATORY SUIT TO DECLARE YOU AS OWNER
3. how it will be partitioned, my sister and mother are in favour of me(willing to give NOC for me)
IF YOU SUCCEED IN THE ABOVE SUIT,THEN IT WILL BELONG TO YOU EXCLUSIVELY
HOWEVER THE LAND WILL BE DIVIDED EQUALLY BETWEEN YOUR MOTHER, THE LEGAL HEIRS OF YOUR DECEASED BROTHER AND YOURSELF. SO YOU HAVE A 1/3RD SHARE IN THE LAND.
Dear Sir,
Get relinquishment deed from your sister and mother.
As a relinquishment deed is a legal document by which a person formally gives up his claim to another person, the said deed must be systematically executed and registered as per Section 17 of the Registration Act, 1908.
To legally execute and give effect to the intention of the transfer or release of inherited property right form one co-owner to another, one needs to execute the relinquishment deed which is a legal document. The Relinquishment deed is an irrevocable agreement. it can be made even without consideration.
1. NO
2. But the other legal heirs will still have over the land if not over the constructed house. File a suit for possession and transfer of the title.
3. if NOC is given by them then enter into a family settlement and thereafter get the same mutated to your name.
Regards
In absence of any will the property will be divided among first class legal heirs equally so you cannot deny share to other persons and the property cannot be registered in the name of your mother without the relinquishment deed from other legal heirs this property to not fall in the ancestral property category but now your sister will have to share in the property as in the absence of the will
1. you, 2. your deceased brother's legal heirs, 3. your mother and 4. your sister are the 4 stakeholder's in this house.
Even if your mother and sister relinquish their share in this house in your favour, still you will have ownership of 3/4th of this house.
By operation of law three of you alongwith your mother are entitled to 1/4th share each.
On death of your brother his wife and children are entitled to his 1/4th share.
In case your sister and mother release their right in the property to you by way of release deed you can become owner of 3/4th share (subject to following due process).
Still 1/4th share of your brother needs to be addressed, i.e., they can also release their share to you subject to your understanding.
if all legal heirs released there share in your favour or in your mother favour then you or your mother can get full ownership.
Your mother will not get complete ownership of property.
If you want to get full ownership then you need consent from your mother sister and legal heirs of your brother that is his wife and children.
If your sister and mother are giving consent in your favour then you all get 3/4 share of property and 1/4 will devolve among legal heirs of your bother.
1. Your mother shall be entitled to one fourth share in the property.
2. If you want you to have full ownership then then all the shareholders namely, your mother, your sister, your deceased brother's wife and children have to execute a registyered release deed relinquishing their rights in the property in favor of you.
3. If your deceased brother's legal heirs agree for an amicable partition with the terms i.e., if they agree to get money in lieu of their share then you can draw a partition deed accordingly, i.e., after yor mother and sister execute a registered release deed in your favor reqlinquishing their rights in the property in your favor.
If they dont agree for an amicable partition then you may have to file partition suit before court for relief and remedy.
Dear Sir,
My response to your question is as follows:
1. does my mother gets the full ownership of the house?
A: No , she gets only 1/3rd share and yourself and wife of your deceased brother 1/3rd each.
2. if not, if I want to get the full ownership what is to be done( this house was built fully with my money but no proof,
i have sent money from overseas to my fathers account which was closed by my father himself)
A: You may take release deeds from your mother and Sister in law or file a suit for declaration
stating that it is your exclusive property as per bank records.3. how it will be partitioned, my sister and mother are in favour of me(willing to give NOC for me)
kindly advise me how to proceed to acquire this house.
A: Then get the NOC and to be more stronger and to avoid future complication get relinquishment deed from them
in your favor
