• Property got registered in brothers name

Dear sir
our mother was having one self acquired property in 1998. in 2003 she died. my father having 2 sisters and 1 son and 2 daughter. in misconception that daughters has no right in this property my father has transferred this property to his son (me ). for transfer of lease from my mother firm to me the government department was asking legal heir certificate and only then we come to know about this mistake. most probably my sisters and my fathers sisters will not have any objections in this transfer. what should i do now ?
regards
anant
Asked in Property Law from Jaipur, Rajasthan
Religion: Hindu
1. Do note that n death of your mother her property devolved upon you, your 2 sisters and your father in undivided 1/4th sahre.
2. So your sisters are already 1/4th share holder and your father can not transfer their share unless your sisters did gift deed or relinquishment deed.
3. So you have to act accordingly..
4. It is not clear from your query what exactly do you want to know or what was the mistake?
Devajyoti Barman
Advocate, Kolkata
7265 Answers
82 Consultations

4.9 on 5.0

1) on demise of mother your father , you and your siblings have equal share in property 

2) you have only one fourth share in property 

3) your father sisters have no share in said property 

4) your sisters can execute gift deed or relinquishment deed for their share in property 

5) only then would property be transferred in your name on basis of gift deed executed by father 
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

5.0 on 5.0

NOC has no value.
Your aunt has no share in the property if your mother and hence nothing is required form them.
You need fresh execution and registration of deed of gift from your sisters transferring their 1/4th share in your name.
Earlier deed by your father has also no value.
Devajyoti Barman
Advocate, Kolkata
7265 Answers
82 Consultations

4.9 on 5.0

If the other heirs i.e sisters and daughters do not wish to claim any share in the property then there is nothing to worry about as a family arrangement can then be amicably executed between all the heirs wherein your sisters may relinquish their share in the property. NOC alone will not serve the purpose.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

The properties on your mother's name, upon her intestate death shall devolve on all her own legal heirs namely, her own children and her husband.

Your father's sisters are not your deceased mother's legal heirs.

Your own sisters and your father constitute your deceased mother's legal heirs.

For transferring the property lying on your mother's name to your name you may have to obtain a registered relinquishment deed from your sisters and your father in your favor.

After that you can transfer all the records in your name and you shall have marketable title to the property.
T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

5.0 on 5.0

Sir my father has already transferred property after required stamp duty in my name without taking consent from his sisters and daughters. this is the mistake he has committed.  now we have come to know this  mistake but other side sisters & daughters donot want any share in property and they are ready to sign no objection etc. my query is whether in this case if we obtain NOC from sisters and daughters will it serve purpose and whether the NOC will treated as valid document.



NOC will not be valid.

Your sister and your father have to execute a registered relinquishment deed relinquishing their rights in the property ion your favor, this will take care of all other issues. 
T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

5.0 on 5.0

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