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What to do my brother is not giving affidavit to transfer property
03-Jul-2023 (In Property Law)
We have a house in India that’s in my dad’s name who recently passed away. There is no will that we could find and dad didn’t mention that he ever created one. We are looking at transferring it over to mom’s name (mom’s in India). Our city’s housing board mentioned that both me and my brother (both legal heirs due to lack of will. We both brothers are in Canada) need to provide them with an affidavit indicating we are okay with the name being transferred over to mom. I have provided the affidavit but my brother isn’t. He did say he will but now has been ignoring my calls & emails & mom's calls too. Is there anything my mom can do to have the house’s name transferred over to her name given my brother isn’t providing the affidavit? Appreciate your insights.
As your father passed away without a will, by law the property has devolved to both of you (you and your brother). The property cannot be legally transferred to your mother's name unless a NOC is obtained from both the brothers. Kindly get in touch with a lawyer.
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Adv. Mukesh Choudhary
Delhi | 100+ Answers
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Hi..I understand that there is no will and the city's housing board has mentioned for both you and your brother to submit an affidavit each.
The law does not provide for any other alternative but to convince your brother to submit an affidavit transfering the share in your mother's name.
Thank You
The law does not provide for any other alternative but to convince your brother to submit an affidavit transfering the share in your mother's name.
Thank You
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Adv. Satvika Gupta
Delhi | 25+ Answers
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Your father died intestate i.e. without leaving any will. And now there are three legal heirs you , your brother and your mom. Property which is in your father's name is divisible in three equal parts. Without NoC of both of you two bothers the same cannot be transferred in your mom's name.
Feel free to ask any more quary if you have.
Thanks.
Feel free to ask any more quary if you have.
Thanks.
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Adv. Sunil Kumar
Delhi | 25+ Answers
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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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