Property law - transfer of property owned by two deceased parties.
3 years ago
We have two properties,
Property 1 has last sales deed in my father's name.
Property 2 has last sales deed in my father's and mother's name.
My mother pre deceased my father.
My father then passed away recently.
My mother's legal heirs are my father, me and my sister.
My father's legal heirs are my paternal grand mother, me and my sister.
My paternal grandmother is willing to give the property to us.
What I should do now to change both the properties into my name and my sister's name alone ?
Is it a release deed or settlement deed ?
Please explain how the shares will be divided among legal heirs in this cases to entry on the document ? as my mother's 1/2 share in property 2 has my father in her legal heir (1/6), will it then cascade again to his legal heirs as he is dead too ? I.e 1/18 th share going to my paternal grandmother again ?
If it is a release deed do we need to ready two separate release deeds for both the property or is it enough to ready a single release deed for both the properties ? Will there be any problems in future if there is a single release deed while selling a property in future while keeping the other ?
Please kindly advice and help me with the details. As the split seems complicated here.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can make a release deed in which you can mention two different properties. Shares of property will be divided equally among you and your sister. On my point of view there won't be any problem while selling those properties, you have to make different sale deed for selling different properties
Release deed would be appropriate here. You and your sister will get half half shares of the property of grand mother. If your grand mother is ready to pass on the property then release deed is sufficient. There is no requirement of different release deeds. You can make one release deed mentioning there two different properties.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
but yes, single release deed will cause problem while selling.
go for separate release deed for separate properties.
Get NOC from your grand mother and get change katha in your joint names.
Tanmoy Chattopadhyay
Responded 3 years ago
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