Legal Question in Real Estate Law in India
My elder sister, who was spinster passed away intestate. There is an apartment registered in her name in Kolkata. She left us two surviiving brothers as her legal heirs. I am single but my elder brother, who is close to 80 years has three daughters (all married) and one son. The intention is to transfer the ownership of the apartment to my name. My elder brother is agrreable to this arrangement. How do we go about doing this. I am in possesion of the apartment now.
5 Answers from Attorneys
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Check provisions of personal law there. I believe that in West Bengal, even Hindu Law of succession is different from rest of the country.
In case you and your brother are legal heirs of your sister as per the law of succession governing her, then if your elder brother is agreeable, execute and register necessary release or relinquishment deed from him in your favour.
Yes, as suggested by Mr. Nahar, you should execute and register a Relinquishment deed whereby your brother would relinquish his share in your favour. There is only fixed stamp duty for such deed.
The only option for your brother is to execute the Relinquishment deed of his share in the property in your favour.
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