Execute a registered partition deed dividing properties in the name of legal heirs of father and uncle as desired. This is the proper and permanent solution.
Settling property titles after deceased father and uncle
Background: My father and his brother(my uncle) were very close and trusted each other a lot. In last year or so both of them passed away. My dad used to run a shop in Sion, Mumbai, which is in the slum area. That shop is now rented to some tenants. It is recognised by the Govt via a photo pass which is very old. However, it is in the name of my uncle. On the other hand, my uncle had a house which is registered under my father's name. Now, we want to untangle this. What would be the right and solid approach? I was suggested to make an affidavit/NOC where both parties can sign to release any control and hand it over to the other party. Would that be enough?
Asked 3 years ago in Property Law
Religion: Muslim
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9 Answers
If shop is in name of your uncle on his demise his legal heirs or wife and children would be legal heirs
2) since it is in slum your uncle would not be having registered sale deed in his favour
3) affidavit / noc can be executed in your name for transfer of shop
4) as far as house is concerned on father demise flat would be transferred in name of legal heirs ie your mother ;you and your siblings
5) you can execute gift deed in favour of your uncle legal heirs
- Since, the said shop is in the name of your uncle , then after his death it can be claimed by his legal heirs, and the the tenancy of the said shop will be under the ownership of his legal heirs.
- Further, similarly as the said house is in the name of your father , then after his demise intestate , its right will be devolved upon you and other siblings equally as per Muslim law.
- Further, , as you both family wanted to remove the future hurdle , then you all can enter into a registered Settlement Deed or Gift deed after mentioning the details of the property .
- However, option of Gift deed will be a costly process as you both will have to execute , hence a better option is a registered Settlement deed.
It's better you all execute a settlement deed between you all.
Exact answer of it can given only after going through the documents. if those property are registered then we would need to move accordingly or we would go by simply affidavit / declaration or poa.
The suggestion you got is correct
Do that
The NOC or any agreement made by an unregistered document is not recognised as a legally valid document to approve the proposed transaction/exchange.
The legal heirs of both the sides have to first succeed to their respective estates.
After that they can execute a registered exchange deed jointly in favor of each other.
acquire their respective
1. The both parties can enter into a registered Exchange Deed covering all such properties in the jurisdictional Sub Registrar's Office.
2. After the registration of Exchange Deed is completed, based on this step, let the parties approach the jurisdictional Corporation/Municipal Office to effect mutation of the properties in the new owner's names.
Dear Client,
As per the Hindu Succession, you are entitled to your share in the estate of both your father and your uncle if your uncle has no children. You file a suit for partition and separate possession of your share by paying Court fee and get your share.coparcener can have a claim over the entire ancestral property of his family if he is the sole surviving coparcener of the family. When there are multiple coparceners, he is only entitled to one share of the property. A coparcener can claim his share by asking for the partition. After gaining all these two properties you can then readjust or untangle them as you wish.
Thanks & Regards
