Legal Question in Family Law in India
inherited plot
-a plot was purchased by my grandfather
-as per unregistered will written by him before death, my father inherited the plot and later constructed a house
-my father died without writing any will leaving behind me, my sister and my mom
-my mom, my sister and myself agreed to have the property in my name
-what is the best option for us to effect the above agreement?
2 Answers from Attorneys
Re: inherited plot
since no will ha sbeen left by your father, they will enherit one share each in the property as absolute owners.
the procedure for transfer would be same as applicable from any one person to another - they may execute a deed for sale or gift in your favour.
Re: inherited plot
After your father, youself, your mother, and your sister would inherit the property in equal share. Now so as to make you absolute owner,
1) Your sister, and your mother should relinquish their respective share in the property in your favor.
2) To sale you their share in the property with consideration.
3) To gift you their share in the property.
Take note that, your sister and your mother has interest in the property, and they could relese or tranfer it to you, only by way of registered instrument, after paying stamp duty. Otherwise the same may not be valid in the eye in law in future.
Family arrangement is also one of the option, for which no registration will be required, but for that you shall have to contact personally.
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