Legal Question in Real Estate Law in India

To

Legal Expert

We are resident of Bangalore from Muslim community. My husband has expired 3 years before leaving myself(wife) and 2 sons age about 26yrs & 30yrs. During his lifetime, he purchased 1 property in BBMP limits. This is self-acquired property not ancestral. The Sale Deed was registered in his name. After his death, as a legal heirs we got the Khatha transferred from bbmp to all our 3 names (wife & 2 sons) and paying the taxes uptodate.

My both sons are unmarried and soon shall get married. We are seeing around in many cases nowadays that when these marriages are unsuccessful, the girl harass the boy & his parent and mainly ask for the property share. Since, I am a widow, if the husband is not alive all these situations shall pressure me. This property is bought by hard earn money by my husband. Also after marriages I fear that the sons may get influence with some other and start disputes between themselves and main thing will be the property.

Now we all have equal share in the property since the khata has 3 names.

1) I wanted to know can my 2 sons transfer/release/give their share in favour of me. What is the procedure for it as per legal procedure. Once their give their share/rights to me, will I be the absolute owner of the property.

2) Once they transfer/release/give their share in my favour, Whether their future wife or children can claim any rights over property till I am alive. Or if their marriage are unsuccessful, whether these girls(wives) can claim rights/share/maintenance through this property. What is the procedure to safe guard it.

3) Since, I have only 2 sons and my age is 62 yrs. Suppose they transfer they rights in my favour. After my death, how can I give them equal shares 50:50 for both sons. Can I make any will or any document stating after my death both my sons will get equal share in this property. What is the correct procedure.

4) Will this document/procedure be valid. (Suppose they have already transferred/released/given their share in my favour and I am absolute owner now), but after my death will the both sons be eligible to get the share back after my death. What type of document should I register. What is the correct procedure.

5) With the procedure/document, will both sons get the rights of property or khatha transferred in their names as equal share/owner, after my death. I dont want them to face any problem with bbmp or competent authority to get their share in their names.

6) Also will any of other relatives or third party can claim the rights over property.

I request the Legal Expert to provide me with best solution. With regards. Thank You.

1 Answer from Attorneys

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