• How to transfer property on my mother's name?

Respected Sir/Ma'am

In my family 
My Mother
2 Brothers
1 Sister

All are married.

We have a property on my father's name which is situated in a village. Our father has been passed away more than a decade ago. Now we want to transfer property which is registered on our father's name to our mother's name.

I and My sister are agree for transfer but my younger brother is not interested and not cooperated.

So Is it possible if my younger brother does not cooperate us, we can transfer our father's property to our mother's name?

If yes
Then How?

Please give your valuable guidance in detail.
Asked 8 months ago in Property Law from Rajkot, Gujarat
Religion: Hindu
Property cannot be transferred in mother name without consent of all legal heirs 

Other legal heirs can execute gift or relinquishment deed to transfer property in mother name 
Ajay Sethi
Advocate, Mumbai
25934 Answers
1412 Consultations
5.0 on 5.0
1) obtain legal heir certificate in name of legal heirs 

2) under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs 

3) purchaser can file suit for partition for division of property by metes and bounds 
Ajay Sethi
Advocate, Mumbai
25934 Answers
1412 Consultations
5.0 on 5.0
1. In this scenario you and your sister are free to transfer your share through release deed in favour of your mother. The deed has to be registered. 

2. You and your sister along with mother are at liberty to sell your share in the property but it has to be preceded by a partition of the property among three of you. If your brother is not willing to partition the property then a suit for partition will have to be filed.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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Since this property was left intestate by your father, it automatically devolves on all his legal heirs.
If it is so, then all of you brothers and sister should jointly execute a registered release deed in favor of your mother relinquishing your rights in the property.
If your brother is not cooperating then you and others can execute a registered release deed in your mother's favor insofar as your own shares in the property leaving him aside but your mother cannot become an owner for the entire property, she can be an owner for 3/4th property alone.
You cannot force him to join you all legally.
T Kalaiselvan
Advocate, Vellore
16311 Answers
151 Consultations
5.0 on 5.0
What should I do legally If I want to settle this property dispute means If I want to sell this property which is right now on my father's name?
After selling this property we will distribute share with each other as decided by court.

You cannot sell the entire property especially the share of property belonging to your unwilling and non cooperative brother. 
If he files a criminal complaint on land grabbing you will be held liable for the criminal offence.
you can file a partition suit against him and after court judgment you can sell your portion the possession of  which was got through court's order. 
T Kalaiselvan
Advocate, Vellore
16311 Answers
151 Consultations
5.0 on 5.0

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