My father expired 2 months back and he has properties in Mumbai as well as in Udupi. He had oral (unwritten) will that his properties in mumbai would be to his younger son and properties in Udupi would be to his elder son. Can this transfer of properties be done in Udupi, as and due to some problems and constraints elder son (brother) and daughter (younger sister ) cannot come to Mumbai. Kindly advise. Thanks in advance for your valuable time and advice.
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1. An oral will has no legal character and force. A will can only be in writing. So your father passed away intestate, as a corollary thereto his properties devolved through succession on all his heirs equally.
2. A partition deed has to be executed between the heirs
oral will is not valid in india
2)obtain letters of administration from bombay HC in respect of his immovable properties situated at Mumbai and udipi
3) elder son , daughter can execute POA in favour of family member
We, my mom, my brother, myself and my sister all agree to the oral will that my father had.
enter into deed of family settlement
2) have it duly stamped and registered
My question is whether documentation can be done in Udupi?
documentation can be done fro Udip for transfer of property in Udipi
for property in Mumbai brother and sister can execute POA in favour of brother in Mumbai to complete transfer formalities
Your agreement has no value and force. If you want to divide the property then a partition deed has to be executed. A release deed has to be executed if any heir is to release his share
If there is a mutual agreement among all the legal heirs about the division and distribution of father's properties, a partition deed can be drawn and registered at Udupi also and this partition deed may contain a mention about the Bombay property too, there is no legal infirmity in it.
We, my mom, my brother, myself and my sister all agree to the oral will that my father had.
In fact you do not have to refer to oral will always, becasue it can be termed as mutual family arrangement because oral will has no value in law and it is not valid.
My question is whether documentation can be done in Udupi?
Yes, not only documentation, but the family arrangement or partition deed also can be registered in Udupi itself.