How can I secure full ownership of property without legal documentation? | Mint

I have two sisters and I am the only son of my parents. In 2010, my father and I jointly purchased a property in both of our names, with 70% of the funds provided by me. Later, with my parents’ approval, I transferred the corresponding share (based on the 30% paid by my father) to my sisters, but I did not create any legal document for this transaction. My father passed away and all of us siblings had his share in all his assets transferred to my mother (including the 30% of the property jointly purchased by him and me). I am concerned that in case my mother’s demise, will my sisters have any right in the 30% share? We are a Hindu family. How can I secure my claim to the full property ownership, given the lack of documentation for the transfer to my sisters?

—Name withheld on request

Based on your query we assume that you are a Hindu. We understand from your query that you purchased the property along with your father where you contributed and owned 70% and your father contributed and owned 30%. We further understand that you subsequently paid an amount equivalent to your father’s 30% contribution to your sisters. We presume that this payment was made with an understanding among the family members that in consideration of this payment, your father’s share of 30% in the property will belong to you. However, there is no written document to validate this understanding.

Further, we understand that after your father’s demise, his 30% of this property was transferred to your mother by you and your siblings. Now, this property is 30% held by your mother and 70% held by you.

In case your mother passes away without a will (dies intestate), inheritance laws will govern the distribution of her estate, which typically among all children. This means your sisters could have a legitimate equal claim to a share of that 30% share in the property that is currently held in your mother’s name. Given that you do not have any document/understanding regarding the payment to your sisters and in order to ensure that there is no future claim on the share of the property, we recommend that your mother execute a gift deed to transfer the 30% of the property in your name. This gift deed should duly be registered with the appropriate authority. There may be incident of stamp duty and registration charges on the same. This will secure your interests and ensure that the ownership of the property is 100% in your name.

Given the complexities involved, it’s strongly recommended to consult with a lawyer specializing in property laws. They can provide tailored advice based on your specific circumstances and help you navigate the legal processes involved.

Neha Pathak is head of Trust and Estate Planning, Motilal Oswal Private Wealth.