Legal Question in Real Estate Law in India

My father passed away in 2009, 14 months later my mom also passed away. They had a house in a very good locality of Agra. Me and my younger sister are only children of our parents, both of us live in different cities. However, my sisters' in laws are in Agra. My parents had legal papers of the house, they have not left behind any will. Me and my sister have put house on rent which both of us share equally. My sis' parent in laws want the property to be transferred in our names with clear ownership. they insist that if we file a law suit against each other, it will be easy. I or my sis should allege that the other person has captured the property, the defendant then should claim that she has not captured but parents had verbally gifted her the house....in such situation court will intervene and will declare each of us legal owners of 50% of the house. I insisted that since we have no dispute we can mutually reach an agreement but they/ their lawyers say that will be difficult....for succession we may have to pay 7-8% of the total cost of house....I find this logic very absurd ...how can dispute be easier than an agreement? Is there no other way of getting this property transferred in our names?


Asked on 7/16/13, 2:24 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

16.07.2013

Dear Sir / Madam,

Since your parents have not left behind any Will, simply apply for a Succession Certificate to the Metropolitan Magistrate Court in Agra for the property to be transferred in your names. Let the 11 months Agreement for Leave and License (ALL) with the Licensee continue as it is, so that you and your sister do not lose out on the income.

Regards,

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Answered on 7/16/13, 5:01 am


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