Legal Question in Real Estate Law in India

Re: Property Settlement

Your sister will have to execute a Release Deed in your favour for the consideration amount, so that you can be a sole owner of that property.

Re: Property Settlement

Opt for duly registered sale deed.

Re: Property Settlement

There are two ways -

You may execute a "family settlement" out of your total inheritance; one person i.e. you get the entire share in home i.e. the title and possession of the house; and she gets remaining items say 'movables' including cash/jewellary etc. left by your parents. Besides, you may also add the money towards consideration which you want to pay her now.

Alternatively, she may execute a "relinquishment deed" in your favour forgoing her rights of inheritance from the property.

She may also execute a gift deed/sale deed in your favour depending upon your situation and requirements.

Re: Property Settlement

Dear Mr. Baig,

You may get a relinquishment deed instead of getting into sale-purchase agreement.

Re: Property Settlement

Sorry, you have not given complete facts. You have not stated as to in whose name the title documents of the property are.

Taking that the prooperty stands in the name of your deceased parents, then all the sons and daughters of your parents will have proportionate right in the property by the law of inheritance (provided there is no will).

If you and your sister are the only legal heirs of your deceased parents, then as per law, you are the joint owners of the property. To transfer the complete ownership in your favouir, your sister may execute a Relinquishment Deed in your favour, relinquishing her share in your favour. Mention the history of the ownership of the property in the Deed.Get this Deed registered.

By virtue of this deed, you will become the owner of the property. On the basis of this deed, you may get the propery mutated in your name in the muncipal and other Govt.records.

Sunil Goel,

B.Sc., LLB, LLM

Advocate, Delhi High Court