Legal Question in Real Estate Law in India

sir

my bother in law expired leaving wife and his mom. he has a flat in his name solely in KOLKATA..he has done no will or anything. now it is decided that his mother will take an amount for her 50% share of the flat and will leave her right to my sister.they have not done anything with the flat deed till now it is in brother in laws name.

i like to know what will be the procedure to be follwed now so that the flat will be in the name of my sister legally.someone suggested it will be muted in the name of both first and then sell deed will be made and again it'll be muted in my sisters name.is it possible after making sell deed it will be muted directly in my sisters name hence double mutation will be avoided?.secondly does original will needed for transfer and finally where mutation has not been done in their name ,can sale deed is possible orRelinquishment deed has to made.But as we paying money we prefer sale deed if possible.

pls. help me.


Asked on 8/06/12, 3:47 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Check law of succession governing the deceased, bye-laws and other rules governing the flat or society in which it is situated and act accordingly.

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Answered on 9/01/12, 10:22 pm


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