Background : My father died in December 2013 without writing a will for a) Joint Property at Pune in the year 2004 wherein the sale deed mentioned the names of my Father & my mother at No.1 & No.2. I have a brother who is married & staying along with his family & my mother in the house of my father at Mumbai. In the sale deed of Mumbai Flat only the name of my father is mentioned which is prepared in the year 1999. However, the Co-operative society has transferred the shares in the name of my mother. Present contention of my mother: My mother is telling me that the property at Pune has now become 100% in her ownership as she was joint holder with my father as earlier mentioned above. Secondly, she is saying that since the society has transferred the shares in her name the Flat in Mumbai has also now become 100% in her ownership and that she is the only Owner now in both the said properties. My question is mentioned as below: 1. In the absence of any will by my father and that the property has been acquired by him, am i entitled to claim my share in the joint property in Pune being a married daughter? How much share i can claim? 2. In the absence of any will by my father and that the property has been acquired by him, am i entitled to claim my share in the Flat in Mumbai being a married daughter? How much share i can claim? 3. What will be the claim of my mother & brother? 4. If my mother is not willing to give my legal right then what is the remedy. I do not have the property papers then what should i do to obtain them from where? Please help me out. Thanks.
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1) on demise of father you have one third share in Mumbai flat and one sixth in Pune flat .
2) nominee is only trustee for legal heirs
3) file suit for partition to claim share in both the flats
4) take search from sub registrar office and obtain copy of sale deed by which your parents / father purchased flat in Pune / MUMbai
1. On the death of your father his half sahre and full sahre in two flats respectively devolves upon his legal heirs in equal sahre which include you. So whether share certificate issued by society is done or not you have 1/6th sahre in the society flat and 1/3 sahre in the Bombay flat.
2. Yes as stated above.
3. They are co sharers like you.
4.You can file a suit for partition to claim your due sahre and seek injunction .
The share of your father in the jointly owned Pune property, you are entitled to one third share in that.
Since the Mumbai property was fully owned by your father, you are entitled to one third share in it.
Transfer of shares in your mother's name by the society will not make her the absolute owner of the entire property.
If they do not allot you any share, you may file a partition suit against them.
Dear All, Thanks very much for the guidance and law position given to me based on which i could pursue my entitlement right with my widowed mother and my brother. Can you please give me further guidance on the following issue: 1. It is proved that i am entitled to 1/3rd share in both the share of my deceased father i,e in Pune Office Property & in Mumbai Flat. Now my mother, me & my brother have reached an settlement wherein my widowed mother has agreed to forego her total share in the Pune Office Property which is 66% by dividing it equally 33% and 33% between me & my brother which effectively gives me 50% and 50% to my brother as already we are having 16.67% each by virtue of being legal successors. She wants to make a gift deed of her total share of 66% by gifting 33% in my name & rest 33% in my brother's name. 2.What will be the effect of gift deed? will i become absolute owner of 50% in Pune Office property? 3.Can you provide me with a draft gift deed? 4.Who is liable to incur expenses on making of gift deed? Me or my mother? 5.Is there any stamp duty amount to be paid towards gift deed? who will have to bear the stamp duty? Me or my mother? 6.Whether it is advisable to follow the route of Gift deed or release deed is better option? 7.Whether the Gift deed has to be registered at the Sub-Registrar of Property registration and other Offices like Property Tax dept or Electricity department etc? Please help me.
1) once gift deed is executed duly stamped and registered you would be absolute owner of 50 per cent share in flat
2)there are no ready made draft . get it drafted by any lawyer
3) mother has to pay stamp duty and registration charges
4) it attracts nominal stamp duty of Rs 200 . registration charges are also Rs 200
5) it has to be registered in sub registrar office in Pune where property is situated
1. Instead of our mother executing a gift deed in your both the names, separately, she can execute a registered release deed relinquishing her rights in favor of cosharers.
This will be an easier process.
2. Instead of gift deed with 33% of your mother's share and 17 % of yor own share, once a registered release deed is effected, then you both can make a partition deed, get it registered and enjoy share in the property equally.
Even the gift deed will make you an absolute owner for 50% share but o identify your share in the property, you may have to get the partition deed and get it registered.
3. You can avail the services of an advocate of this forum or locally or can aproach a document writer in your locality who would help you draft the desired deed.
4. The beneficiaries are liable to meet the registration and stamp duty expenses.
5. The stamp duty will be paid by the beneficiary.
6. Suggested in the above paragraph
7. First of all the transaction in respect of any immovable property with regard to transfer by any method has to be executed vide a registered document only.