Property name needs to be transferred

Question

Property name needs to be transferred

19-Apr-2024 (In Property Law)

The owner of my Ancestral property is my father and his elder brother. Elder brother died. His family stays out of station. My father paid money to them on behalf of the property without any document but now they refuse to transfer the property. How to transfer the property in my father's name. We have the death certificate of the deceased.

Answers (5)

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Advocate Anurag Jangra LawRato · Accepted Answer · 2024-04-19T21:21:28+05:30

you have the death certificate of the deceased thats okay but how the payment was made and for what the payment was made that is relevant to see. furthermore the information is required to say about getting the papers in your father name

Advocate Bhawana Pandey LawRato · Accepted Answer · 2024-04-20T13:26:45+05:30

If the property is ancestral then you would require to seek partition from the other parties who claims to have share in the same. Entire property cannot be transferred in your name until the court decides or the parties amicably settle amongst themselves. For better understanding feel free to contact.

Thanks

Advocate Atishaya Kaushal LawRato · Accepted Answer · 2024-04-20T13:29:13+05:30

Hi
Please let us know who owns the property?
Where is it located and to whom it has to be transferred?
Is it a residential property or commercial? And to how many person does the property has to be transfer?

Advocate Kawaljit Singh Bhatia LawRato · Accepted Answer · 2024-04-23T18:26:07+05:30

various things will need to be looked at to advise a proper course of action. it will need to be shown that funds were provided by your father and that it was intended that the transaction was a benami transaction without any intention to actually transfer the title.

Advocate D. Khan LawRato · Accepted Answer · 2024-04-25T13:28:42+05:30

If the property is in the joint name only then you can get the half share mutated but if your father’s Name isn’t there on sale deed then you are entitled to only reviver the amount paid for sale deed
We need more information on it

Property name needs to be transferred

Adv. Anurag Jangra

Adv. Bhawana Pandey

Adv. Atishaya Kaushal

Adv. Kawaljit Singh Bhatia

Adv. D. Khan