Legal Question in Real Estate Law in India

We have residential flat in Kalyan in my mother's name. What will be the best option to transfer it on my name. I have one brother (willing to give me consent). have two sisters who are citizens of UK & not interested in property (willing to give me consent). What is the best option to it transfer on my name.

Should I transfer now?

Second option.

My mother is 83 year old. She will make will in my favor and transfer the property after her death.


Asked on 3/07/14, 12:45 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.03.2014

Dear Sir / Madam,

You should first draft a "No Objection Letter" addressed to your mother to be signed by your brother and two sisters to the effect that they including all their legal heirs, ascendents and descendents forgo and relinquish all their rights without any consideration to transfer the title of the flat in the name of you. Thereafter, you should register a Gift Deed from your mother in your name.

In the second option, if your mother writes a Will of the flat in your name to take effect after she is no more, you will need to probate the Will through the Court, for transfer of title of the flat in your name.

Regards,

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Answered on 3/07/14, 7:18 pm


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