• Transfer of property

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.
Asked 2 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
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
Ashish Davessar
Advocate, Jaipur
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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 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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enter into deed of family settlement 

2) have it duly stamped and registered 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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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
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0

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