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Family settlement done.How to transfer property in my name from mother


28-Jul-2023 (In Property Law)
Family settlement done. The property is on my mother's name and is given to me by the family settlement. But the settlement is notarized and not registered. Now when i make an application to the society for change of name, they are asking for succession certificate and probate. Is famliy settlement not valid. How can i proceed with it, to get the property in my name?
Answers (3)

Answer #1
801 votes
File civil suit/ succ. case in civil court for declaring yourself is lawfull owner & settlement is valid. Accordingly the court will issue the Order and you may receive the decree which will be executed to get you the benefits.
Answer #2
654 votes
Family settlement will not be valid just because the family has made it.

There are certain laws which the Society is bound to follow.

First of all, where is this property located as the state laws of registration and stamp duty for the settlement as well as transfer of property will be applicable.

Also, which caste and religion you belong to is also important as succession laws depends on the religion.

Therefore, it is better that you share proper all the facts and details for better understanding of your issue and to suggest you accordingly.

Hope that this helps !
Answer #3
625 votes
Legally for society work succession certificate is not required sill the said certificate you should go for coz it will b helpful in future. Need to appoint lawyer and apply for it it takes minimum 6 months for processing to conclude the same.

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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