Legal Question in Real Estate Law in India

Dear Lawguru,

This question is regarding a dwelling house. My maternal grandfather died intestate in 2001. My mother has three brothers and one sister. My maternal grandmother is still alive. Hence there are 6 claimants of this property. The three brothers want to get the property transferred in their names only. Probably they are not following the proper legal procedures, since they are not going for any Relinquishment deed/NOC/Transfer deed etc. They are talking about a single "Danpatra" and are asking my mother, aunt and grandmother to sign the document to make the above arrangement effective.

My questions are as follows:

1. Can we challenge this procedure in future in a court of law?

2. Can this transfer be made conditional [e.g. suppose my mother wants to relinquish her rights provided the house is not demolished and given to a promoter for building flats]?

Thanks and regards,

Dibyendu Chakrabarti


Asked on 6/24/14, 8:19 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.06.2014

Dear Sir / Madam,

In the absence of a Will left behind by your deceased maternal grandfather, the title of the dwelling house automatically vests in the name of your maternal grandmother who is still alive. You should carry out the procedure to transfer the title of the dwelling house in her name.

Regards,

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Answered on 6/24/14, 8:42 am


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