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Author Topic: Brother's Not Providing Affidavit To Transfer House Under Mom's Name  (Read 134 times)

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Offline SidH

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We have a house in India thatís in my dadís name who recently passed away. There is no will that we could find and dad didnít mention that he ever created one.

We are looking at transferring it over to momís name (momís in India).

Our cityís housing board mentioned that both me and my brother (both legal heirs due to lack of will. We both brothers are in Canada) need to provide them with an affidavit indicating we are okay with the name being transferred over to mom.

I have provided the affidavit but my brother isnít. He did say he will but now has been ignoring my calls & emails & mom's calls too.

Is there anything my mom can do to have the houseís name transferred over to her name given my brother isnít providing the affidavit?

Appreciate your insights.

Thank you

Offline advjaibansal

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Re: Brother's Not Providing Affidavit To Transfer House Under Mom's Name
« Reply #1 on: July 03, 2018, 01:10:37 AM »
As your brother is one of the legal heir and having rights in the property. without his consent the property cannot be transferred in the name of the mother. The other remedy is that the house can be divided in three equal parts and partition can be done. If it cannot be divided then you need to sell the house and divide the share equally between three. That is your brother, your mother and you.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline SidH

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Re: Brother's Not Providing Affidavit To Transfer House Under Mom's Name
« Reply #2 on: July 03, 2018, 07:35:50 AM »
Thank you advjaibansal.

Somebody had suggested this, would you happen to know if this holds true:

"With father death certificate go to the area development authority and get the property transfer in mpm's name. Then go to the housing board for the same. Then go to the area sub registrar and register and get the mutation done in mom's name. Your and brother's affidavit has no role in this"

Also, we couldn't find a will at home. Would you happen to know if there's a easy way mom can find out if dad did leave behind one. The city's will registration department mentioned that unless we have the specifics of the will (like date it was registered or the registration number I believe), they are unable to find it by just by dad's name or other personal details.

Appreciate your insights.

Offline advjaibansal

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Re: Brother's Not Providing Affidavit To Transfer House Under Mom's Name
« Reply #3 on: July 04, 2018, 02:25:27 AM »
How would I know that your dad left a WILL. If there is a WILL then there is a WILL. No WILL then no WILL. brother is having equal right in the property. It cannot be transferred without his consent NOC. Or else go for partition.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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Re: Brother's Not Providing Affidavit To Transfer House Under Mom's Name
« Reply #3 on: July 04, 2018, 02:25:27 AM »

 

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