The house in which I currently live is a freehold property and is registered in the name of my late mother. She passed away in June 2013 and my father passed away in 2008. None of my parents left behind any will, hence the question about the ownership of the house. I have one brother, who is a US national and lives in the USA. My brother, during his previous visit to India gave an affidavit that the said house be transferred to me (Rajiv) as he himself is not interested in having any share in the property. Also, my mother had left behind an unregistered will (though witnessed) in which she had stated that all her property should be transmitted to me (Rajiv) after her death.
Since we are two brothers as heirs to the property, primarily the house, I would like to know the process I should follow to get title to the house, so that I could prepare a will for the benefit of my successors (wife and my two daughters).
Many thanks
Rajiv
2 Answers
Dear Rajiv,
I am assuming that Affidavit has been prepared formally/in a legal way.
If it is not done so, you may get Relinquishment Deed done
"If there are multiple owner for a property, and if one of the co-owner wants to transfer his/her rights in the property to another co-owner(s) then this can be done through the execution of RELINQUISHMENT DEED."
More information is available in the below article :
https://www.relakhs.com/real-estate-property-transfer-deed-types/
Based on the Affidavit / Relinquishment Deed, plus copies of parents' death certificates, legal heir certificate, sale deed copy etc., can be submitted in the local civic body (municipality/corporation/panchayat) and get Mutation done in your name.
Kindly read :
https://www.relakhs.com/mutation-property-transfer-title-records/
Once the mutation of property is done in your name, you can write a WILL in your legal heirs names.
Related articles :
https://www.relakhs.com/nominee-legal-heir-will-importance/
https://www.relakhs.com/last-will-testament-benefits/
https://www.relakhs.com/write-will-sample-will-india-draft-will/
Hi,
As mentioned in my previous answer, you need to make sure that your brother's family do not claim their right in the property in future. So, except that I do not foresee any issues here.
You can make either Gift deed in your Children's name or write a WILL and get it registered. You may also mention that in case the property is sold, the sale proceeds should be distributed equally.
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Many thanks Sreekanth for this prompt response.
I am not contemplating any problem in getting the mutation done from the local nagar nigam, but I want to be sure whether my heirs would get the right to sell the property if they so wish. Since the property will be finally inherited by the two daughters and also since the house is such constructed that it cannot be partitioned equally, the best option would be to sell it. Therefore the need for ensuring saleability of the house post inheritance. Any thoughts on this?
Regards