Clarification on transfer of property without signing documents

684 votes

your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive).

First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.
After that the legal heirs who want to give away their share are required to sign the relinquishment deed and get the Relinquishment deed registered.

In your case, your mother registered the property only after your sisters signed a relinquishment deed. As you have not done the same you are still eligible to claim your share in the property. For that purpose you will have file a partition suit claiming your share in the property.

Advocate Siddhant Sharma LawRato

699 votes

From your query, as it seems that your father died intestate (without any Will) long ago, and his property must have been inherited by your mother, you and your sisters in equal shares as per Hindu Succession Act, and in that eventuality, your mother at the most can transfer her own share in said property without any permission from anybody and so you all siblings can do so..
But there is confusion in the query regarding whether your mother has fully inherited your father's property.. and your and your sisters have not..? If so, then in that eventuality, your case related documents required to be seen as it is not seem to be proper transaction as per Law.

Advocate Deepak Verma LawRato