94+ Lawyers are online 
Transfer of property on childs name after death of parents
23-May-2023 (In Property Law)
There is one property in a coperative housing society my parent owned.
Few years ago my father the owner of property has passed away
and later on our mother has also passed away.
No change in registeration has been done since.
We are 2 children and have divided the property on mutual understanding.
1 child does not wish to take any share from the property.
Death certificate of both parents is available.
There is no loan on the property whatsoever.
Q1. What is the procedure of registering the house on my name ?
Q2.Do i require a noc from my sibling?
Q3.The sibling that wishes to take no share from the property stays overseas and is not a citizen of india. is she physically required during the procedure?
If the original owner of the property was your father and he has expired without executing an WILL during his lifetime and your mother has also expired the said property ha devolved onto u and ur sibling.
Now, if your sibling wants to release her/his ownership rights then in that case u have to execute an Agreement called Deed of Release between u two and your Sibling (he/she) has to release her rights as Releasor. The said DEED OF RELEASE has to be registered with the sub-registrar of Assurances.
Now, if your sibling(he/she) is or not a citizen of does not matter, if its her/his fathers self owned property he/she has a right in the property and if she wishes to release it hs to be releases through registered instrument.
If he/she is not able to come to India, then she can give a POWER OF ATTORNEY (POA) to u to sign the Deed of Release on her behalf and complete all the formalities of registration. The said POA has to be attested through the Indian Consulate in the Indian Embassy.
Can Call for any other further clarification.
Now, if your sibling wants to release her/his ownership rights then in that case u have to execute an Agreement called Deed of Release between u two and your Sibling (he/she) has to release her rights as Releasor. The said DEED OF RELEASE has to be registered with the sub-registrar of Assurances.
Now, if your sibling(he/she) is or not a citizen of does not matter, if its her/his fathers self owned property he/she has a right in the property and if she wishes to release it hs to be releases through registered instrument.
If he/she is not able to come to India, then she can give a POWER OF ATTORNEY (POA) to u to sign the Deed of Release on her behalf and complete all the formalities of registration. The said POA has to be attested through the Indian Consulate in the Indian Embassy.
Can Call for any other further clarification.
Helpful?
28+
28+
Adv. Aniket Nerurkar
Mumbai | 25+ Answers
CONTACT NOW
Transfer of property after death without will in India
After father death who is the owner of property in India
How to transfer property from father to mother after death in Maharashtra
Transfer of property after death with will in India
After father death can mother sell his property
Make it clear whether your grandfather or grandmother is alive if so they will be in share. If not you children's have exclusive right. If your sibling is living out of India he or she can forward release deed in your favor.
Helpful?
45+
45+
Adv. Manoj Mulchandani
Nashik | 500+ Answers
Chat
This is my response to you:
1. A very simple process is involved;
2. You will need your sibling to relinquish their rights;
3. A deed has to be entered into and registered;
4. Consult a local lawyer and take steps.
1. A very simple process is involved;
2. You will need your sibling to relinquish their rights;
3. A deed has to be entered into and registered;
4. Consult a local lawyer and take steps.
Helpful?
44+
44+
Adv. Gowaal Padavi
Mumbai | 500+ Answers
CONTACT NOW
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
