Legal Question in Real Estate Law in India
My Father and his 2 brothers have jointly have a property.My father is no more so would the successorship come to us and if we all want to pass on our right to only my brother how can this be done
1 Answer from Attorneys
Unless, there is a specific habendum clause in the sale deed. the property, upon death of one owner, would develop by way of a Succession and not by way of a Survivorship.
So after death of your father, you all legal heirs become tenants -in - common of the property. You all can execute a registered release deed in favor of your uncle that you wave / withdraw / release all your right in the property in questionand confer full ownership of the property in favor of uncle. that is valid.
feel free to ask should you have any questions
Vivek N Mapara
www.vnmlaws.com
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