Legal Question in Real Estate Law in India

we are 5 members in our family mom, dad & three brother(including me),

there was one flat purchased by my dad and my elder brother in partnership or co-owner 6 years ago, now my dad wants to transfer his share to my second brother.

question 1: what is the procedure to transfer

question 2: what we can do if my elder brother(who is the co-owner of remaning 50%) is not agree to do so.

Thank You


Asked on 3/15/13, 6:01 am

3 Answers from Attorneys
Jayesh Desai Jayesh Desai

Your father can transfer his share, he does not need consent from your brother for transfering his share by way of gift or otherwise.

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Answered on 3/18/13, 11:59 pm
Shrichand Nahar S.V.Nahar, Advocate

1. Depends on nature of document to be executed and registered.

2. Nobody can force anybody to transfer his/her property.

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Answered on 10/12/13, 12:43 am


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