Legal Question in Real Estate Law in India

My brother-in-law's younger, bachelor (unmarried) brother has expired. The deceased has a flat in Hyderabad, India who has his aged father, a married sister and a married brother. No mother (already expired). Now the deceased person's father is willing to register the property to his eldest son (the only married brother of deceased) with an understanding to give a cash compensation to the deceased person's sister (legal heir sister). what are all the procedures to make the flat registered legally. Thanks and Regards,

Rajagopalan.V.K.


Asked on 5/22/14, 6:38 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.05.2014

Dear V K Rajagopalan,

If the deceased has filed his nomination of the flat in the name of his father, and if the deceased has left behind his Will, then the beneficiary named in the Will should obtain a Probate on the Will for transfer of the title of the flat in the beneficiary's name. If there is no Will, the father as the legal guardian of the deceased can with the consent of all the other surviving heirs apply to the Society for transfer of the flat in the name of the married son. The financial settlement to the married daughter has to be mutually settled between the parties in the presence of the father.

Regards,

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Answered on 5/23/14, 6:09 am


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