Transfer ownership of house from joint ownership (me and dad) to me

930 votes

Upon the death of your father (co-owner), his undivided share in the property does not automatically pass to you. Instead, it is inherited by his legal heirs as per the Hindu Succession Act, 1956 (assuming you're Hindu and there is no Will). Since your father passed away intestate (without a Will), his share will be equally inherited by his Class I legal heirs, i.e., your mother, you, your brother, and your sister. After your mother’s death (again assuming intestate), her share is again divided among the surviving legal heirs—i.e., you and your siblings. Thus, your siblings have a legal share in the portion of the property originally owned by your father and later by your mother. Process to Transfer Full Ownership to Your Name: 1. Obtain Legal Heir Certificate / Succession Certificate: This certificate will establish the legal heirs of your deceased parents. 2. Execute a Relinquishment Deed: Your brother and sister must voluntarily relinquish their respective rights in the property in your favor by executing a registered Relinquishment Deed (or Gift Deed, if preferred). This deed must be registered at the Sub-Registrar’s Office where the property is located. 3. Mutation of Property Records: After execution of the relinquishment deed, you must apply for mutation of property records in the municipal or local revenue office to reflect your sole ownership. 4. Pay Applicable Stamp Duty and Registration Fees for the relinquishment deed. Important Notes: Without your siblings’ consent via a registered relinquishment/gift deed, you cannot become the sole legal owner. If any of your siblings do not agree, you may have to initiate a partition suit in civil court.

Advocate Mrudhula Jahnavi LawRato