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Procedure to remove name of co-owner from property


29-Nov-2023 (In Property Law)
Hi, We brought a land in Bangalore 4 yrs back. Me and My wife is the co-owner of the property. Now, we are finding some differences and decided to remove my name from the property and to make complete ownership to my wife. Can i get some idea before i head back to India and start removing my name from the deed. Please let me know the step-by-step procedure so that i can well prepared before i make this changes. I really appreciate your help and quick response. 
Answers (6)

Answer #1
775 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.
People also ask

How do I remove my wife's name from my property?

You must first get a gift deed signed and registered from the wife to husband (releasing her share). Then, file a divorce petition to remove your wifes name from other transactions.

What happens if a co-owner wants to give up his ownership rights?

A relinquishment agreement is a good option for co-owners who are willing to surrender their rights to the property. This allows for a smoother transfer. Legal heirs are sometimes asked to sign a deed in order to clarify the situation.

Can joint owner sell property without consent?

When the shares of co-owners have been stated specifically in the sale agreement, a co owner can sell their part without the consent of another co-owner. If the share isn't stated, then one co-owner must ask the consent of the other before selling.

What is a release deed between co-owners?

A relinquishment document is a legal document which transfers ownership of property from one party to another. This document is used when a coowner or legal inheritor wishes to transfer his or her share of a property to another coowner or legal descendant. 22-Mar-2023

  
Answer #2
897 votes
Hi,
U can make the changes executing the release deed in favour of your wife before the jurisdictional sub registrar. If you send your papers I can draft you the deed and u Can suggest any changes and when reach here we can finalise it

Answer #3
988 votes
There are a number of ways in which your aim could be achieved. You can do that by way of relinquishment , transfer, gift or a nominal sale of your undivided interest /share in the property. The process, amount of stamp duty or taxes will depend upon the State where the property is situated and the option you choose out of the ones given here. You can consult a property lawyer or contact us.
Answer #4
537 votes
for remove your mother name create removing right agreement same as sale deed and pay half stemp dusty and create registered agreement Thane 7 × 12 remove your mother name for more enquiry contact me i give my best reply
Answer #5
221 votes
Removing a co-owner's name from a property involves a legal process and depends on various factors including the co-owner's consent, the reason for removal, and local regulations. Here are the general steps:
  1. Obtain Consent: If all co-owners agree to the removal, you can draft a mutual agreement and approach the local authority responsible for property registrations.
  2. Release Deed: In cases where the co-owner agrees to relinquish their share, a release deed can be executed and registered to transfer their ownership rights.
  3. Court Order: If the co-owner does not consent, you may need to approach a court. This is often necessary when there are disputes or when a co-owner has passed away. The court can issue an order for the removal of the name.
  4. Succession Certificate: In case of a deceased co-owner, obtaining a succession certificate from the district court is essential to establish the legal heirs and their rights to the property.
  5. Mutation Records: Update property records to reflect the change in ownership. This usually involves providing the court order or the release deed to the relevant authority.
  6. Registry Office: Visit the local property registry office to officially remove the co-owner's name from property documents.
  7. Legal Assistance: Consider seeking legal advice from a property lawyer to navigate the legal complexities involved.
Please note that property laws can vary by jurisdiction and , so it's crucial to consult with local legal authorities and professionals to ensure compliance with specific regulations.
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Answer #6
93 votes
You can remove the name from your deed and replace it with the beneficiaries. You can remove the co-owners name from your deed by signing a relinquishment or release deed. You will then be the sole owner of the house.
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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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