Legal Question in Wills and Trusts in India
my friend's mother and father both are died the owner of the house is his mother and she is died in the year 2014. His mother did not made any will now he want that home on his own name then what to do ?? he has one married sister and she has no interest on that home
2 Answers from Attorneys
dear client he have to take legal heir certificate from civil court. for any legal help call me
Adv prasad patil
9604349028
8446247807
After the death of Mother, legally both Sister & Brother succeed to the interest in the house. So Both Sister / Brother are legally owners of the house.
I advise you this way : - Let Sister sign a Deed of Relinquishment to the effect that she is releasing her right in the property in favor of the brother, and let the deed be registered in Sub Registrar Office. This is because, if the deed is not executed and registered then in future kids of sister can raise claim that her mother had share in the property, and legally they also win. So best way is to get this procedure done.
After that, let the brother can get the property mutated in his individual name on the basis of succession and release deed signed by sister.
Let me know should you have any questions.
Best Regards
Vivek N Mapara
vnmlaws.com
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