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clarification about house property
7 months ago
We are two brothers. In the registration document, one of the houses is in the second brother, mother's name, and the mother has passed away recently.
1) does the owner of the house belong second brother? do we require any paperwork/registration to have a second brother's name only in the registration document to become a single owner /remove the rights of the first brother on this house (this house was purchased when we were a combined family and agreed verbally as property ownership should be mother & second brother).
would you please explain the process here?
A.Dear
When it comes to property matters, it's important to distinguish between ownership as reflected in legal documents and actual beneficial ownership. The fact that the property is registered in your mother's name doesn't necessarily mean she was the sole owner; it might have been held in trust for her sons.
Here are some points to consider:
Legal Heirs: After the passing of your mother, her legal heirs typically have a claim to her property. In your case, her two sons are the legal heirs. If there was a valid will that specified the distribution of her property, it should be followed.
Succession Certificate: If there is no will, it's advisable to obtain a succession certificate through the appropriate legal process. A succession certificate is a legal document that establishes the rightful heirs and their share in the deceased's property. It's issued by a civil court.
Relinquishment Deed: If all parties involved (in this case, you and your brother) agree on how the property should be divided, you can draft a relinquishment deed. This document is used to renounce or release one's share in a property in favor of another co-owner. It's important to consult with a lawyer when creating such a deed to ensure it's legally valid.
Mutation of Property: Once the succession certificate or relinquishment deed is obtained, you may need to update the property records to reflect the new ownership. This process is known as mutation or transfer of property. It's usually done through the local municipal or revenue authorities.
Regards
When it comes to property matters, it's important to distinguish between ownership as reflected in legal documents and actual beneficial ownership. The fact that the property is registered in your mother's name doesn't necessarily mean she was the sole owner; it might have been held in trust for her sons.
Here are some points to consider:
Legal Heirs: After the passing of your mother, her legal heirs typically have a claim to her property. In your case, her two sons are the legal heirs. If there was a valid will that specified the distribution of her property, it should be followed.
Succession Certificate: If there is no will, it's advisable to obtain a succession certificate through the appropriate legal process. A succession certificate is a legal document that establishes the rightful heirs and their share in the deceased's property. It's issued by a civil court.
Relinquishment Deed: If all parties involved (in this case, you and your brother) agree on how the property should be divided, you can draft a relinquishment deed. This document is used to renounce or release one's share in a property in favor of another co-owner. It's important to consult with a lawyer when creating such a deed to ensure it's legally valid.
Mutation of Property: Once the succession certificate or relinquishment deed is obtained, you may need to update the property records to reflect the new ownership. This process is known as mutation or transfer of property. It's usually done through the local municipal or revenue authorities.
Regards
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