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Primary holder of property died intestate, how to transfer the same
10-Dec-2023 (In Property Law)
I am a joint second holder in a flat. The primary member has expired intestate survived by wife and son. What needs to be done to clear the title for sale? I was suggested relinquish deed with surviving member certificates. Does the deed need a Goa registration? I am not living in Goa right now.
If in the case the wife is the joint owner of the flat and son is major in age. In this case, you'll need to draw a Succession Deed followed either/or by a relinquishment deed (Son giving up his share in the properties) and mandatory Partition deed as per the Goa succession and Inventory proceedings Act 2012. This process will acquire you a clear title for sale in Goa. Other compliance would be your Building transfer ownership title.
Relinquishment Deed has to be with regards to all properties cannot be relinquished in part.
Best Regards,
Savio Monteiro
Relinquishment Deed has to be with regards to all properties cannot be relinquished in part.
Best Regards,
Savio Monteiro
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How is property divided in Goa?
PROPERTY. In property proceedings, the wife and husband own the asset jointly. However, the husband is the one who has the authority over the asset. He cant sell her house without her consent. The property is split equally between the couple. However, this only works for couples who have their own families. 02-Jul-2023
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The wife has a half-right in the assets of her husband. He cannot dispose of these without her consent. Registration of civil marriages over and above the religious ceremony. 27-Jul-2023
relinquishment deed can be done within the family members as the the family tree. If you are not the family member of the primary holder then relinquishment cannot be done. Either you have to purchase it or the other have to gift you the same,
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Adv. Parimal Redkar
Goa | 25+ Answers
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