Property transfers following a parent's death can be complicated, particularly when considering Indian inheritance rules. I have examined your case in depth, including the fact that you moved the property into your mother's name without telling your sister.
If your father died without a will (intestate), the property is considered to be inherited by all legal heirs, which includes your mother and both children (you and your married sister).
Under Hindu Succession Act, 1956, your mother has a right to inherit the property along with you and your sister.
In such cases, the property typically becomes a joint property owned by all heirs. Therefore, any transfer or sale requires the consent of all legal heirs.
Given the above legal framework, the possible route that you can consider is taking mutual consent. To transfer the property solely in your mother's name, all heirs (including your sister) must provide their consent. A mutual agreement is necessary.
If your sister does not agree to the transfer, she may contest it legally, leading to disputes that can complicate the situation. It is best to consult a legal advocate for the best possible solution.
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Authors Of The Question
My father died without transferring the property to my mother and now I want to transfer the property to my mother's name and I have a married sister as well, is it possible to transfer the whole property to my mother's name without my sister's intimation?
saikat.saha5@gmail.com
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2023-08-23T07:07:36+00:00 2023-08-23T11:40:11+00:00Comment
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