Procedure to remove the name of deceased flat owner
27-Jun-2023 (In Property Law)
How to remove co owner name from property after death? I have a flat which have three owners (myself, my wife and my father) which are also stated in the agreement. My father has expired and now i need to remove his name from the agreement as the building will be soon forming a society and they have guided us to do so in order to avoid issue with Share Certificate. please advise the procedure for same
This is my response to you:
1. Since your father expired his legal heirs become the owners of his share of the property;
2. Therefore you, your mother and your sibling/s become the owner of the property;
3. You will need to apply for succession certificate from the district court;
4. Once the legal heirs are established then they can either stake their claim or give an NOC;
5. If they give their NOC then you and your wife become the whole and sole owners of the property;
6. Therefore it will not create problems in the share certificate.
1. Since your father expired his legal heirs become the owners of his share of the property;
2. Therefore you, your mother and your sibling/s become the owner of the property;
3. You will need to apply for succession certificate from the district court;
4. Once the legal heirs are established then they can either stake their claim or give an NOC;
5. If they give their NOC then you and your wife become the whole and sole owners of the property;
6. Therefore it will not create problems in the share certificate.
How do I remove a co applicant name from my property?
If you want to remove her as a co-owner, you must file a declaration with the civil court. You will have to provide evidence to prove that you made all the payments and therefore her name should be removed from the deed.
How do I transfer a joint property to a single name after death?
How can I transfer joint property into a single-named account after my death?
What happens when one owner of a joint property dies?
If one owner dies in a joint-ownership arrangement, the share of that deceased owner automatically passes to the other co-owners. In the tenants-in-common mode, however, the shares are passed on to the legal inheritors. 14-Sept-2022
Can mutation be done after death?
A copy of a Will must be attached to the application in order for the Mutation to be done.
Hello,
You can actually so probate and distribute the share in the flat and make the things more clear according to the probate becoz other all things will surely create little problem in future so this is the best manner.
You can actually so probate and distribute the share in the flat and make the things more clear according to the probate becoz other all things will surely create little problem in future so this is the best manner.
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You can also draft a relinquishment document to remove a co-owners name after the death of the owner. Be sure there isnt a Will from the deceased. In this case, you will need to ask the new owner for the relinquishment document to be released to the other owner. Only the co-owner will be removed.
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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