in Property Law
Asked December 19, 2013

Transfer of House

  • 1 Answer

Hi, a relative of mine are two brothers. Their father have died a decade ago and the house was passed on to their mother. In case the mother dies, who shall be the rightful owner the house? To transfer the property to one son , does the mother need to notify the other son ?or obtain some sort of no-objection certificate?

Answer 1

Default avatar
Ashwini Panwar

The question suffers from a little flaw, it doesn’t clarify whether the house was inherited by mother legally, as in, was there a will that made her the owner or what? However, I’ll be answering the question under the assumption that the Mother acquired the property.

If the mother dies without a will, it means that she has died ‘intestate’, now under this case, the entire estate would go the children in equal share. So, ideally, in the absence of a will, the house will be shared by both the brothers. So, there is no single rightful owner of the house but both are collectively the owners.

Now, when it comes to transferring the property to one son, there needs to be a will executed that makes the son the rightful owner of the property after the death of the owner. While there I no need to notify, the son should still be notified about the will as it would cause problems after the death of the owner. The legitimacy of the will might come into question if the other son is not notified about the will. Lastly, there is no need for a no need for any certificate or documents to be obtained from the other son, Will only needs the desire of the owner to transfer the property to whoever he/she wants. So, the Mother can transfer the property to one son by executing a will and there is no need to obtain any sort of no objection certificate.

Agree Comment 0 Agrees over 5 years ago

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