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Transferring procedure Mothers property after death without will
22-Aug-2023 (In Property Law)
we are 2 brothers and 1 sister and father. we want to transfer property all rights to the elder brother.
what document will have to make ?
Is we make only registered NOC it will enough ?
or have to make Power of Atorny ?
if we make power of Atorny is it necessary to pay Stamp Duty ?
under whose name is the property registered. was it registered under the name of your mother. after her death the legal heirs would get there right on the property. those who wish to transfer their property rights to your elder brother should get a relinquishment deed in favour of your elder brother and then get it registered. no NOC or a Power of Attorney would be as effective as Relinquishment Deed, if you make a Power of Attorney in favour of your elder brother then yes it is necessary to get it registered from the sub registrar office.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Can parents give property to one child?
Answering your question, (can a dad give his property to a son) A father can gift ancestral property to a son. Gifting ancestral property is done by executing a gift deed, which transfers the property ownership from the father to his son.
How property is divided in family?
Partition Deeds or Family Settlements can be used to partition the property in mutual agreement. The Partition Deed is used to divide the property among the co-owners. This deed will divide the property in such a way that each co-owner has a title to his part.
Can married daughter claim father's property?
In India, as we have discussed, daughters now have the same claim on the fathers property that sons do. The same applies to daughters who are married.
How can I claim my share in property?
Speak to an attorney about claiming a share of your fathers estate. You can, if necessary, file a partition lawsuit to get his share of the property. Answering your question: As a legal inheritor, you are entitled to claim the property of your father. In your case, however, youve stated in writing that this is not what you want. 05-Jan-2022
If you want to transfer all u r rights in the said property then u can do the release deed in ur brothers name. And if you want to give poa, then u have to pay Rs. 500/- as a stamp duty 4 poa. But Release Deed is the best option.
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Adv. Vibhuti Rohidas Borhade
Pune | 25+ Answers
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