Property transfer law as per Hindu Laws

992 votes

This property can be transfered in the name of your father if everybody at home is ready to give no objection certificate, then this property can be transfered in the name of your father, otherwise every legal heir shar

Advocate Manoj Kumar LawRato

654 votes

The question within itself is not complete as the the property got transferred in name of your mother and three sisters through what testimonies was it a sale deed or registry and mutation is already done??Secondly on part of your mother and three sisters a RD can be worked out but on behalf of your sisters children a suit has to be filed by husband of your sister seeking permission of the court as I'm sure they would be minors.Therefore after that their share can also be relinquished in favour of your father as they have their rights inferred in that specific property..Therefore other way also things can be worked out that other legal heirs do a family settlement or get property partitioned and surrender their respective shares. Thanks

Advocate Nishant Solanki LawRato

571 votes

If your mother has executed a will, the property will devolve as per the will. If not, then as per law, your father and all sisters have an equal right in the property. The share of your deceased sister will go to her children. If the property is to be transferred solely in your fathers name, NOC will be required from all the sisters.

Advocate Ekta Mehta LawRato

969 votes

There are two options one as the property was purchased by your father in your mother:s name so he can file a suit for declaration that he is owner of the property under Benami transaction Act but he has to prove that money was paid by him and not by your mother. secondly file a suit for partition and all children and your father have equal share as your mother died intestate.

Advocate S P Srivastava LawRato

975 votes

Hello Sir,

In respect to the above query. The property will automatically get transferred in the name of your father since he is the actual purchaser of the property. In case your mother had left any will stating the shares in the property, would have created a problem, but still the law is well defined and things can be sought in the correct manner.

Further can be discussed on meeting.

Advocate Sahil Chawla LawRato