Adding of brother name in the registered property
We would like add my son name in the registered property where his mother and brother ( younger) is registered in the Tamilnadu .
Asked in Property Law from Chennai, Tamil Nadu
1) You can execute gift deed for transfer of one third share in property in name of brother
2) gift deed should be duly stamped and registered
1) As the property document is already registered in the names of the mother and the younger brother in order to add the elder son's name you have to approach the registrar's office where the property was originally registered.
2) You need to prepare a 'Rectification Deed' with the inclusion of the elder son as additional party and get the document registered and it will form a part of the first document.
3) Get the endorsement of the Registrar on the document first registered in time so that there will be clarity about the addition. It would be advisable to engage an advocate to assist you with the drafting.
The mother and brother have to execute a family settlement with your son wherein the property can be divided in three parts. After this is done a fresh mutation can be applied.
You cannot add the name of any person subsequent to the execution of the registered sale deed. If at all his name is to be included, you may have allot a portion of the property to him either jointly by all the existing owners or from your share as a gift deed in his name and get it registered in his name after which he too shall become a owner of the said property in respect of his share in it.