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Division of property when one family member who has share has expired


24-Sep-2023 (In Wills / Trusts Law)

My fathers side of the family has divided the family properties recently and as part of my fathers portion, my mom is getting the house that she is currently living in. The building society has mentioned that on the basis of the family deed which will be co-signed by all, the society will transfer the name. I have 3 questions: 1) Apart from this do we need to get it registered elsewhere. 2) what is the ~cost of this entire activity 3) One of the family members (who also has a share in our family property has expired. How will this impact the entire procedure. Ps: This house is in Mumbai

Answers (1)

Answer #1
131 votes

The family settlement deed should be registered with the sub-registrars office in your area. Any changes to the society need to be intimated to the registrar of societies. The society should ideally pass a resolution approving the same.

As far as the deceased heir is concerned, his share will go to his own legal heirs. This would however depend on the religion of the parties.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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