Clarification on transferring demised father's property in son's name

One of our property disputed with builder which is my father name. My father was died long time ago and same property transfer to my mother name. We have four brothers and sisters. Mother want transfer this property to me. My all sister agree except my elder brother. Who already got my father job and my uncle gave us some money to buy property for family but my elder bought property on his name. And now he seeking share from this property. Need your help for how to get in my name this property which is already disputed with builder.

Answers (1)

61 votes

Hi. It appears from your query that the property originally stood in your late father's name. After his demise the property will devolve by inheritance on the widow and children. Under the personal law to which you are subject, the distribution of the property among the legal heirs will be as per the shares allotted to each class of heirs under the relevant personal law. You have not informed which personal law you are subject to I e Hindu or Muslim law. Nevertheless upon the demise of your father, his legal heirs automatically become the co-owner and of the property having respective share in the property as per personal law. It's not clear how and when the property was transferred to the name of your mother. If that transfer happened during the lifetime of your father, then your mother becomes the absolute owner of the property and can deal with the same in any manner she deems fit. No permission or consent whatsoever will be required to be taken from any person for transferring the property from the name of your mother to your name. If however the transfer to your mother's happened after the demise of your father, then such transfer is of no effect in absence of consent and no objection from the other legal heirs of your father. In that case your mother cannot be said to be the absolute owner of the property but a co-owner having a specific share as per the personal law. So if you want the property to be transferred to your sole name, your siblings and mother will have to execute release deed in your favour thereby releasing and giving up their respective shares in the property to your name. Will need more clarification from you and also will require to see the documents for any further advice.

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