Legal Question in Real Estate Law in India

Sir,

Got your info from the net. You are requested to inform if possible on few issues as below. On getting your reply we would be coming to Kolkata to avail your services

This is a property in Mahanirban road and is a flat of approximate 1000 sq ft. It was in the name of husband and wife. The husband passed away last year without making any will. They have two married daughters, one settled in Kolkata and the other in USA. Now the mother wants to will it in her younger daughter's name i.e the one settled in USA. How is this to be done?

What I understand that the flat has now three heirs i.e the mother and two daughters. The daughters would have to sign a relinquishment deed in favour of their mother. What I dont understand is that some lawyers that were consulted in KOLKATA are saying they have to sign a gift deed in favour of their mother. Sir, firstly I want to know why it should be a gift deed and not a relinquishment deed as all are legal heirs. So they just need to relinquish their share in favour of the mother and then the other process has to follow i.e the mother willing it to the daughter based in USA

If possible you are kindly requested to inform us as to what all needs to be done and as to what is the money involved i.e the govt fees as well as your fees too please. Your early reply will be highly appreciated and we can start the process at the earliest and get in touch with you. Please inform the entire money involved so that we can organise for the same and come to Kolkata.

Thanks and regards,

Sanjeev Chawla


Asked on 4/26/10, 1:11 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Dear Mr. Chawla

the younger daughter needs to file a petition for succession in delhi courts as the property is situate in Maharani Bagh at New Delhi. in that petition, both the mother and elder daughter may relinquish their rights in favour of younger daughter. the younger daughter would get the property as a successor. the daughter from US does not have to appear personally and she may send a duly notarized power of attorney in favour of any next friend of hers.

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Answered on 4/26/10, 1:32 am


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