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Want clarification on my ownership over my parent's property
21-Mar-2023 (In Property Law)
I have living in ownership property since 1991 and my mother passed away in 2007. I and my father continued to live till my father left full occupation from aug 2015 restricted to occasional post collection visits. Since the ownership continues to be an argued matter is true I am sole proprietor by law? By way of full time physical possession?
Hi. Firstly I would like to know in whose name the property stands presently? Is it your mother or father? If I assume that the property is in the name of your late mother then her legal heirs become entitled to ownership rights in flat after her demise in proportions as per the relevant personal law. So after your mother, you and your dad become co-owner of property. You can become sole owner of the property only if your dad signs a release deed in your favour relinquishing his rights in the flat in your favour. Just because your dad makes occasional visit to the property doesn't mean that you can claim absolute ownership rights. Your dad can also sign a gift deed gifting his share in the property in your favour. So only when your dad signs either a release deed or gift deed in your name or when you buy your dad's share for valuable consideration, can you become entitled to claim absolute ownership rights. Thanx.
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