How to add name in property as co-owner?

725 votes

In order to respond to your queries, we are assuming that your uncle is a Hindu and, therefore, succession to his estate would be governed by the Hindu Succession Act, 1956.

Section 8 of the Act lays down the general rules of succession in the case of Hindu males who have died intestate and inter-alia states that the property of such a male Hindu shall devolve firstly, upon the heirs of the deceased, being class I heirs. And secondly, if there are no class I heirs, then upon the class II heirs. This section also states how property will devolve if there are neither class I nor class II heirs.

Class I heirs take an equal share and simultaneously. If there are no class I heirs, then the estate in question devolve on the class II heirs.

In your case , let's assume that the property was self acquired. if the property is self acquired than in order to dispose of the property without any dispute ,your uncle may draft a will stating you as a future owner of that property.Further, a nominee through a will becomes entitled to the interest in the shares upon the event of death of your uncle. Or, if your uncle wants to add your name as present owner of the property, then he may furnish a gift deed in your favour.

Only in the event that there is no nominee, the provisions of Hindu Succession Act, 1956 will govern.

Advocate Darsh Pareek LawRato

925 votes

No document can legally be justified for both the option i.e. co-owner and future owner. The best option is an execution of will by your uncle for the future owner or gets executed gift deed for half undivided part and for rest half, of a will. You can contact us for further satisfaction.

Advocate Syed Zakawat Ali LawRato