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What is the procedure to transfer property amongst first cousins
05-Apr-2023 (In Property Law)
Myself and my brother are the two kids for my parents. I at the age of 10 years was adopted by my uncle who is my father younger brother. The house where I live now is joint property registered in the name of my biological father and the adopted father. My biological parents along with my brother and his family reside in the first floor of the above said property and my adopted parents, myself and my family members reside in the ground floor of the above said property. My biological parents are no more. I currently continue to stay in ground floor with my wife, children’s and adopted parents. My brother continues to stay in the first floor of the same property along with his wife and two daughters. What is the best procedure to follow to get the property transferred completely in my name? Will my brother's wife and brother's childerns have to be involved in property transfer?
Since the property was in the joint names of your biological and adopted father, it would mean that each of them had 50% share each on the property. This would automatically mean that the surviving members of both families would have a right on the property. The same would not stretch to the wife and children of your brother but your brother and if there are any other siblings and biological mother will definitely have a right in the property and the would have to require to transfer the right of the property to you by way of a gift deed or release deed. Please also note that in case of your adopted father in case you have any siblings/mother from here even they would have a right on the property.
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Adv. Ramakrishnan S.
Bangalore | 100+ Answers
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