×
  

Continue to LawRato.com with Google


Continue

Transfer of joint owenersh in case of death of one of the joint owners


Greeting, My mother and Father were holding a flat as a joint owners in Mumbai. My Mother was the First owner and my father was the second Owner. My parents have two children one son and one daughter (myself), they both are married and are USA citizen. My father demised in the year 2017. subsequently, my parents had made me and my bother as nominee in the said Flat. Further, we want the society to transfer my father's entire share to my mother (100% share holder) and we will continue to be nominee in the said Flat. Please guide us as how my fathers entire share can be transferred to my mother?


Answers (2)

Hi.
1. I assume that your parents have equal share in the flat as co-owners.
2. I assume your dad has not left any Will.
3. There are two ways by which your mother can become absolute owner of the flat.
4. First, you and your brother can execute a release deed in favour of your mother therein releasing your shares in the flat to your mom. This deed will have to be stamped and registered. In the alternative you and your brother can also simply execute a NOC affidavit stating that you have no objection if the flat is transferred to your mom's name. Now it depends on your society as to which document they need from you. Whatever may be the document, the society will insist for issuing a public notice in newspapers to invite objections against transferring your and your brother shares to your mom name. If no objection is received in response to public notice, the society should transfer the flat to the name of your mom.
5. Second, your society may insist to obtain Letters of Administration from court by which an administrator will be appointed by the court. Then this administrator will transfer your and ur brother shares to your mom with court permission. Obtaining a letter of Administration will involve cost like fixed court fees of Rs 75k plus other charges like lawyer fees and clerkage.
6. So the first option is easier and easy on pocket but it depends on your society.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

1. After the demise of your father, 50% of his share in property would devolve on your mother, you and your sister equally (i.e. you). The share will be divided 1/3rd in each one's favour;

2. Nobody becomes the absolute owner of the property;

3. Your mother becomes the absolute owner of the property when your brother and you give an NOC to your mother. Also you can execute a relinquishment deed in favour of your mother in respect to the share of your late father's property;

4. You will have to also give NOC to society that you and your brother are not going to claim your father's share in the property and have surrendered your right, title and interest of your share to your mother;

5. It is advisable that you fill nomination papers and submit the same to your society;

6. It is further recommended that your mother executes a will in respect of you and your brother and also have it registered to avoid any future disputes.

Popular Property Lawyers

Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience
Advocate Prashant Mendiratta
Lajpat Nagar 4, Delhi
25 years Experience
Advocate T Kalaiselvan
Kosapet, Vellore
17 years Experience

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Fixed Price Rs. 499
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Fixed Price Rs. 1999
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
Fixed Price Rs. 9999
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Fixed Price Rs. 3499
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
Fixed Price Rs. 6999
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Fixed Price Rs. 4999
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Fixed Price Rs. 9999
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Fixed Price Rs. 4999
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
Fixed Price Rs. 6000
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Fixed Price Rs. 7499
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
Legal Heir / Succession Certificate

4.8 | 71 ratings
Fixed Price Rs. 19999
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

Questions related to Case 1.Certain Land was in the name of “A”.A died in the year 1990.A has two sons B &C and three daughters D(alea…

Read More

I wanna sell my house this house was belongs to my grandfather he has 3 son 1 daughter i m the daughter of first son before grandfather death he made …

Read More

My grandfather owns a house and several acres of land. Now a point has come where he has decided to split the land. My mother has 2 sisters and 2 brot…

Read More

Dear Sir/Madam We have a small property in Vile parle (Mumbai) which was purchased by my parents in 90s, which comes under Pugree system,I being only …

Read More

Get free assistance for your legal issue