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Author Topic: Brother & I co-own our house. Brother passed away 1 week after his marriage  (Read 1031 times)

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Offline aroramit

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I have a question regarding my flat in Thane (W), Maharashtra. My brother & I own are parents house together. In 2012 my brother passed away after being married for 1 week. It was an arranged marriage and his wife signed a NOC that she has no rights and/or interest in the house. We got the NOC notarized. She did not want to claim a stake in the house. Now almost 3 years later our lawyer who filed all that paperwork is saying that we need to go to court and get a registered letter from the court which will cost us around 1.5 lakhs. We would also need to ask his wife to come to the court to sign this registered letter.

We're pretty sure his wife will not have any objections in coming to the court to get this registration complete. The problem is the 1.5 lakh RS that we have to pay to the court for this registration. Has anyone heard about this so called registration? Is there any law that puts the house under my name due to my brother passing away?

Our lawyer did say that if we don't get this registration done the other way around would be to give his wife 25% of the sale price if & when we sell the house. If the wife has already signed the NOC and we had it notarized is there anything else we need to do?

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Offline advmonami

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what you need to do is mutation of the property. for which there is a small amount of process fee, which is done in registration office. registration office is SDM's office NOT court.

by the way why did you wait for 3 years for the transfer of property

Advocate Monami Lahiri
Patna High Court

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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It is a fact that presently you and your brother's wife are the joint owner of the flat. NOC has been abolished in law in respect of immovable property. What your lawyer had advised is just a FAKE process.

You must convince your brother's wife to execute a Deed of Gift in respect of her undivided share in favour of you. This process will make you the sole owner of the said flat. After becoming the sole owner of the entire flat then you can mutated your name.

What I said is the best procedure.

Amarnath Sanyal
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