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Can a co-owner of property be removed from the ownership?


27-Jun-2023 (In Property Law)
Our house is under the ownership of my mother and father..but my parents are living separately but they are not legally divorced ...me and my mother dont want my father to stay in our house that is also under the ownership shared by my father...how can we move him out..
Answers (2)

Answer #1
689 votes
If you do not have any loan or mortgage over the said property, then the easiest way to remove your name from the joint names, is if you were to execute a release deed or relinquishment deed in favour of your wife with respect to 50% share that you are the owner of, then she in turn becomes the full and absolute owner of the said property.
For this, both you and your wife will have to go to the sub-registrar office where the property is situated and you as the first party execute the release or relinquishment deed in favour of your wife the second party, this document will be duly registered and she can thereafter get the Katha transferred absolutely into her name.
Since the transaction is between husband and wife, there is a fixed stamp duty that will have to be paid.
It is as simple as above.

Answer #2
958 votes
The query is strange. If your father and mother are living separately why you and your mother want your father to move out!

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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