1. My parents have expired and the house constucted by my father is on his name. 2. We are three brothers and one sister, all are married. 3. We want to transfer the house on the name of one of the brother who is aloso staying in the house willingly. 4. What is the documentaion and other legal formalities required for doing this. One of the brother stays abroad.
1. you are required to draft and execute a family settlement deed through which one brother will be entitled to the property
2. other siblings will relinquish his/her share in favour of the brother,
3. on the basis of the family transfer deed the property shall be transferred in the name of one person.
4.
the brother staying abroad can appoint any other person as his POA
You and your siblings can execute gift deed or relinquishment deed for their share in property
2) it should be duly stamped and registered
3) then brother can apply for mutation of property in his name
1. First house can be mutated in name of all the legal heirs that is you siblings based on death certificate of parents in revenue/municipal records.
2. You and other siblings can make a registered gift/ relinquishment deed of your share in name of brother you want to transfer the share to.
All brothers and sisters have to relinquish their share in favour of one by deed of relinquishment . It must be registered.
After relinquishing they shall have no rights to the property.
First, get mutation records on all legal heirs and later on prepare relinquish deed. Get this relinquish deed register in the revenue office of sub registrar.
After that show this relinquish deed to revenue department who prepare index papers that property is transferred on one of the brother's name.
You no need to pay any stamp duty on it. Only registration charges.
1. Since all of you have got equal share in the property, to make one of you as it full owner the respective shares i the other co sharers need to be transferred in the name of one particular brother.
2. This cna be done by way if registered deed of partition or relinquishment.
You all need to execute registered Relinquishment deed in favour of the one brother
1. If there is a consensus among all heirs to transfer the house to one heir then all of them may execute a registered release deed in his favour and thereafter he can apply for mutation.
2. The brother who stays abroad may execute a GPA in favour of any of his siblings to authorise him to execute the release deed for and on his behalf.
1. Father's share in House can be legally transferred in one brother's name by executing a "Release Deed", mutually and jointly signed by ALL the other residual legal heirs of deceased parents. Stamp Duty: 500/- Registration: 1000/- (Check with local registration Agent).
2. Brother staying abroad can give POA to any one over here for the purposes.
CONSIDER THIS:
1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships.
2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.
3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.
4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.
5. IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.
6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.
you all make reliquish deed that you reliquish your share in the house and property will automatically fall to your brother who is residing in the house
If you all desire that this house property which belonged to your deceased father to be transferred to one of the chosen siblings, then the others may execute a registered release deed relinquishing your rights in the property in his favor.
The sibling who is residing abroad, can execute a POA deed from abroad, duly notarised by notary public of that country or attested by an official of Indian embassy or an official of Indian consulate situated at that country, authorising one of the siblings back in India to execute the registered release deed in favor of the chosen sibling on his behalf.
After this process the chosen sibling shall become an absolute owner with clear and marketable title to the property.
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All have 1/4th share each and If all want to transfer the sole ownership in one sibling. All three have to execute release deed in favor of him. Brother living abroad can give POA to any sibling to act on his behalf.
Hi
File a suit for succession Certificate and get that done in favour of the person on whose name you want the property to be transferred.
Property will be transferred on the basis of that succession Certificate.
Thanks
Dear Sir,
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.
So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four.
We suggest you that through a lawyer prepare the family settlement agreement/ partition deed, wherein you define your share/ percentage and get the same registered before sub registrar .In case of any dispute then you will have to file a partition suit and this will take a longer period of time
You can seek partition. Later brothers and Sisters can give no objection to Partition.
A declaratory suit must be filed in the district court. Also relinquishment deed must be made by the other 3 and give it to the brother who wants to live in the house. Engage a lawyer.
All class1 legal heir should execute relinquishment deed in favour of brother. It should be duly stamped and registered.
Since your father died intestate, all of you are equally entitled for share in the property.
You along with your other siblings can Gift / relinquish your shares in favor of your said brother.
The same has to be registered by paying appropriate stamp duty.
1. First step for transfer of property to name of brother is to obtain legal heir certificate from tehsildar.
2. After getting Legal heir certificate the brother and sister who wants to give up the share from the property can give Affidavit for giving up their share from property.
3. The brother who is living abroad have to option either he have to come to India for formalities or he can give POA to anyone sibling for transfer of his rights to Brother living in the house.
4. All brothers and sister can also execute Settlement deed in favour of One brother and get it registered with sub registrar.
