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Procedure to clear co-owner's name from property after death
12-Oct-2023 (In Property Law)
I am a 30 years old Hindu male from Pune. I bought a flat in Pune city in 2016 with completely my own savings and have been paying it's EMIs since. While taking the loan for this property, HDFC limited advisor advised me to add any female family member's name to property to get less interest rate on home loan. We added my mother's name to property title. She died in 2018. Recently, when I tried to transfer the home loan from HDFC to SBI, the SBI lawyer denied transfer because the title was not clear. I have a sister who has been married since 2013. I live with my father and wife. Can anyone please suggest the procedure to get the property ownership transferred to only me, such that I will not have any problems in home loan or selling this property in future? Since my sister and father may also be the successors to mother's share, I am mentioning this: They too want the property to be completely owned by me.
You need to file application for heirship certificate in the court and ask for heirship certificate and in the heirship certificate application you all would be declared legal heir but their would be a prayer that your sister and father are giving no objection to grant heirship in your favour for this particular flat for further details you can call me
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Adv. Rakesh Tiwari
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Can property be transferred in joint name?
It is possible to register the property in a joint name. Property can be registered under the joint names of more than two individuals. This is legal.
How do I remove a co-applicant from my property?
Contact your lender to request a novation. ...
Provide proof to the lender to explain why you wish to remove the name of the co-applicant. ...
Prove your ability to repay your debts by submitting proof of your income. ...
Refinance your loan balance.
How do I remove someone from a joint loan?
In order to remove a cosigner, or co-borrower, from a mortgage loan, you will almost always need to pay off the entire loan or refinance by getting a loan in your name. In rare cases, however, the lender will allow you to assume an existing mortgage that was signed by your co-borrower. 15-Sept-2022
How do I remove my wife's name from my property after divorce?
It is illegal for one co-owner to reduce the title of another joint owner. She must sign a release document in your favor, otherwise her share will remain intact. 2.
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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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