Legal Question in Intellectual Property in India
Transfer/acquiring property after brother's death
My brother passed away in 2005 intestate and was unmarried. His legal heirs are me, my parents and my sister who is married. He had a property in his name ,the same is to be transferred to my name as none of the other family members have any objection in doing so, pls advise what is the correct procedure to transfer ...will just a single Release deed suffice.
One more question is my brother and me are a joint owner of a property that we all currently reside in. Ever since his death i have been paying the dues to the bank since the same is on home loan. Now since he died intestate ,how does the property get shared between the legal heirs. Here again all the family members are willing to transfer their share to my name, will again release deed suffice here to complete. Will Release deed be a proper channel of documentation for the transfer purpose. Would highly appreciate your advise. thanks !
1 Answer from Attorneys
Sir
Firstly, since your brother as passed away, the legal heirs of your brother would be your MOTHER, as she is the only CLASS I Heir of a deceased unmarried SON. So legally you or your father or your sister are not the Class I Heir and cannot claim or succeed to the interest of your brother.
Legally, your mother will inherit the property of your brother, and later such property she has to transfer in your favor by way of a registered instrument ie gift deed or registered sale deed.
Now as regards the joint property belonging to you and your brother, in that, your 50% share of your brother will be bequeath by your mother. For this she has to sign a registered release deed relinquishing the right in the property.
There are other modes, ie. by way of court decree you can get the property mutated in your name, that would save stamp duty and fees etc.
Freel free to contact should you have any questions
Vivek N Mapara
www.vnmlaws.com
Related Questions & Answers
-
When there is an already registered mark and suppose I go ahead and register my new... Asked 7/13/16, 6:01 am in India Intellectual Property
-
When there already exists a mark and one other comes up with a similar or identical... Asked 7/13/16, 4:07 am in India Intellectual Property
-
I have two brother n two sister ....my father and mother expired.my big brother said... Asked 7/12/16, 10:18 am in India Intellectual Property
-
What to do if society does not transfer shares after giving NOC from building society Asked 7/12/16, 7:10 am in India Intellectual Property
-
Can i use "AMAZON MENS" as my retail apparel store name ? Asked 7/11/16, 2:56 am in India Intellectual Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
