Transfer moveable property to sister
My father expired in 1997. We are two brothers & one sister and all are married. My mother currently transferred some amount of cash through cheque payments to our sister & some other will be transferred in coming months (totalling 1/3rd of total property), in settlement of her(sister) rights in property. Though the same has not yet been documented. We now want to document the same legally so that in future there do not arise any further claim on property by our sister. Please guide me how to go about documenting the same legally ?.
Asked 3 years ago in Family Law from Vadodara, Gujarat
1) on demise of your father your sister has 1/4 th share in property
2) your sister can execute deed of relinquishment relinquishing her rights in property
3) the deed should be duly stamped and registered
1. It is good that you want to get the settlement documented there is no future complications.
2. The best way to divide the properties amongst yourselves is by way of execution and registration of a deed of partition.
3, In the said deed of partition you can mention in details the properties which would go in allotments to each of you.
4. Meet a local lawyer for this.
Hi, your sister has to execute the Release deed in favour of your mother and brothers so that she can't claim any right over the property.
1. Your mother and all her children including you can execute a deed of family settlement to document the terms of settlement and make them legally binding.
2. The settlement can be executed only if all the heirs of your father are into a positive agreement.
The payments made by cheque to your sister may be recorded in a separate paper and get her acknowledging the receipt.
Secure the evidence on all such transactions made to her and obtain her signature on the spot mentioning that she will not entitled to other property than her due in the remaining intestate properties in future.
It will also be better to partition the remaining properties between yourselves.
execute a family settlement deed between you, your brother, mother & sister and registered the same.
or execute a relinquish Deed by your sister regarding the property.
both the documents should be registered.
Advocate, New Delhi