succession advice reg. immovable property
My mother & brother were equal co-owners of immovable property. Brother died first - Intestate and has left behind his son only -No other Legal heirs as mother wife all are dead. Recently my mother expired. She has made a regd. will naming me-Her daughter as her Legal Heir to her immovable and movable property. She has signed a FORM OF TRANSFER BEFORE DEATH in my favour. Since my brother's grandson with his mother left his father way back in 2000 and never stayed or returned in this flat till today. Right from day one my mother has paid the purchase price, property tax, maintenance and all other charges related to this flat with not a penny's contribution from either her son or his wife or his son. My mother and me/my husband have been managing all the payments over the past more than 15-16 years. Now I have suggested that he gives up all rights to his father's share 50% in this property forever for a lumpsum monitory consideration and out of court mutual settlement in writing. Pl. can you mail me your expert advice on following:-
Property as per Index II is valued at approx Rs.57 Lacs. odd.
1) What is the step by step procedure I should follow systematically.
2) Which FORMS AFFIDAVITS / DEEDS EXACTLY SHOULD I IDEALLY EXECUTE JOINTLY WITH HIM AND HOW MANY WITNESS FROM EACH SIDE ARE ESSENTIALLY REQUIRED.
3) WILL SUCH DEEDS / AFFIDAVITS HAVE TO BE REGISTERED WITH SUB-REGISTRARS OFFICE.
4) CAN YOU MAIL ME THE DETAILED DRAFTS OF SUCH LEGAL DOCS./FORMS/DEEDS/AFFIDAVITS ETC. I HAVE TO GET SIGNED BY THE GRANDSON-BROTHER'S HEIR.
5) WHAT WILL BE THE STAMP DUTY AMT. IN MAHARASHTRA AS I AM THE DAUGHTER AND HE THE GRANDSON WITHIN THE FAMILY.
6) WHAT WOULD BE THE REGISTRATION CHARGES TO BE PAID AND WHO HAS TO PAY SUCH STAMP DUTY AND REGN. CHARGES. BY ME OR BY THE GRANDSON OR 50% EACH.
7) I WANTTHAT HE SHOULD GIVE UP ALL HIS RIGHTS, SHARES AND INTEREST/CAPITAL ETC. ON THIS PROPERTY FOREVER AND NOT MAKE ANY SUBSEQUENT CLAIMS ON US W.R.T. TO THIS PROPERTY OR ASSETS ETC. EVER AGAIN IN HIS LIFE TIME. I ALSO WANT HIM TO ENSURE HIS PERMANENT ADDRESS IS REMOVED FROM THIS PROPERTY IN ALL HIS CORRESPONDENCE AND LEGALLY. HE SHOULD REMOVE HIS NAME FROM MY MOTHER'S RATION CARD AND APPLY FOR HIS SEPARATE GAS/RATION CARD ETC. WITH HIS OWN ALTERNATIVE PERMANENT ADDRESS AND REMOVE HIS LETTER BOX ETC. FOR WHICH WHAT ARE THE FORMALITIES HE WILL HAVE TO COMPLETE. PL. ADVISE.
8) HE HAS HIS CUPBOARDS-LOCKED AND HIS BELONGINGS ROTTING IN MY MOTHERS HOUSE OVER 15 TO 20 YEARS EVEN BEFORE HE LEFT MY MOTHER'S FLAT WITH HIS MOTHER.
8) Pl. let me know approximately what is the one time payment I should offer him to relinquish this property for life and never put up a claim of any sort what so ever on me his whole life come what may.
Pl. specifically name the deeds/Affidavits/forms etc. to be completed for all above. None of the docs. should ever be challenged or questioned at any point and time in future for life and they should all be firm final and binding on both parties all our lives and after our deaths as well so our heirs do not face any problems with any other parties in future.
Pl. mail me your point wise reply at the earliest please. Pl. keep this strictly confidential and do not make your reply public at all pl ensure and help me soon.
Thanks in advance.