ajit.sk2015@gmail.com
in Property Law
Asked April 19, 2016

Transfer ownership after mother death.

  • 4 Answers
  • 416 Views

The house in which I stay was on my mothers name, I have been staying here with my family since 1996. The initial payment was done by my brother, but due to financial difficulties he transferred the ownership to my mother, via a signed letter given to the builder.
Since she could not pay further installments I gave her the cash and bought this house from her, but unfortunately I did not bother to do the paperwork and have no receipt to show payment. My mother died in 1998. We have diligently paid all taxes, maintenance and other household bills for last 20 years. The share transfer certificate shows the house being transferred to my name, but it doesn't have my mothers signature (Is this ok?), because it was prepared after her death. It has the stamp of the housing coop society with signatures of the then Chairman and Secretary. Now my relations with the brother have soured. And I want to make sure all the legal documents are in place that show I am the owner. My two sisters are willing to sign an affidavit or any other relevant document that you may suggest to show legally that the property is mine and they have no objection to it. But I cannot get the same guarantee from my brother. Please suggest what are my options to get the paperwork done without involving my brother?, since I apprehend he may misuse the current situation to disadvantage me. Thanks in advance.
Awaiting your reply.

Answers 4

We understand the difficulty you might be facing. We need a few more details for us to answer your question effectively. Kindly revert to the email sent to ajit.sk2015@gmail.com by a member of our team. Looking forward to hearing from you soon.
Agree Comment 0 Agrees over 1 year ago

We understand the difficulty you might be facing. We need a few more details for us to answer your question effectively. Kindly revert to the email sent to ajit.sk2015@gmail.com by a member of our team. Looking forward to hearing from you soon.
Agree Comment 0 Agrees over 1 year ago

As per the Transfer of property Act, 1882 [1] a "sale" is a transfer of ownership in exchange for a price. The provision also provides certain modes for the execution of a valid sale. If the value of the property is one hundred rupees or upwards, (like in this case) then such transfer can be only be made by a registered instrument. But, if the value is less than one hundred rupees, then such transfer can be made by either a registered instrument or by delivery of possession[2]. To know the validity of the sale, it is important to know the value of the property so transferred. If the value is more than one hundred rupees, then in the present situation the sale deed must be properly attested and should be registered[3]. Since, in the present case, there is no proper registration of the property, so the buyer must ensure the registration of the property. But, the seller has passed away, then no registration can be done. The buyer must undertake registration with the presence of the legal representatives, and in the current situation, your brother's presence cannot be avoided, since he is one of the legal heirs of your mother. [1] Section 54 of Transfer of Property Act, 1882 [2] Nagayya v Sayamma, AIR 1951 Mys 42 [3] Tandonbi Devi v Kalamu Singha, AIR 2009 (NOC) 592 (Pat)
Agree Comment 0 Agrees over 1 year ago

We deeply appreciate your response and understanding of the aspects. But, unfortunately, there are certain points that may go against your claim. This is a small attempt to acquaint you with it, so that you may wisely choose your future options. Firstly, the share transfer certificate cannot determine the ownership of the property. The nominee is the person who is responsible to hold and take care of the property. Therefore, a nominee under a share transfer is a mere caretaker and not the owner of the property. And, after the death of the owner, the property would be transferred as per the provisions of the Will or the legal heirs as per the applicable laws of succession. Secondly, to claim ownership of the property and to determine a valid transfer as stated earlier by the relevant provision. There has to be a registered sale deed, and without it no transfer will be valid. Unfortunately, under present circumstances, there is no registered sale deed, and the rest of the provided documents would not be adequate. The property would be entirely transferred by the laws of inheritance. We have exhausted all the possible legal solutions, but due to the unavailability of the relevant documents and receipts, the ownership cannot be claimed. And, hence, the person would be a nominee.
Agree Comment 0 Agrees over 1 year ago

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