Legal Question in Real Estate Law in India

Hi,

My property was purchased by me on my mother's name. Post her death I would like to transfer the property on my name. As of now the property has been transferred on the name of my siblings (4 sisters and 2 brothers - one brother has expired so his heirs wife, two daughters and 1 son).

All are ready to relinquish the right to ownership of the land as well as the house on the land on my name. Please guide as to how to go about it legally.

As per information gathered by me Sisters can relinquish right to the property by signing an undertaking on an INR 200 stamp paper and brothers will have to sign a simiiar undertaking which will be on a stamp paper which will 5% of the value of the property. Is this true? What about my late brother's wife and children?

Thanking you in anticipation.


Asked on 12/04/10, 7:59 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is better if you file a petition for succession and let your relatives give a no objection before the court to avoid future complications.

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Answered on 12/04/10, 9:04 pm
Vishwa Arya Arya & Co.

Oops! I do not agree with Mr. Gupta. In my opinion, relinquishment deed is the answer for all brothers and sisters and for the legal heirs of the deceased brother. You may do it in one document for all jointly or in different documents depending upon the convenience of the persons signing the relinquishment deed. You must, i repeat, you must, registere the relinquishment deed.

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Answered on 12/04/10, 9:48 pm


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