My parents jointly bought a flat in bangalore in 2010. My father expired last year and my mother would like me to be the joint owner of the flat now with her. I am the only son (no siblings). Please let me know the steps how to go about it.
1. Well, both your parents had equal half share in the proeprty.
2.So on the death of your father his half share further devolves upon you and your mother.
3.So presently you are already 25% share holder in the flat while your mother is 75% shareholder.
4.So by law of inheritance you are already joint owner of the flat and hence no additional measure is to be taken to make you its joint owner..
5.Now the falt can be mutated both in the name of yours and your mother.
1) apply for and obtain letters of administration from district court as your father died intestate
2) enclose father death certificate
3) mother can execute consent affidavit to relinquish her share in father estate
4) it should not take more than 6 months for obtaining LA
5) then apply for mutation of father 50 per cent share in your name
If this property was jointly owned by your parents and upon intestate death of your father, you automatically are entitled to get a share out of his share in the property as one of his legal heirs and successors in interest along with your mother.
Therefore you do not have to do anything to acquire this except to apply for mutation of revenue records in the joint names of you and your mother replacing your father's name in the revenue records.
Besides you can present an application to the society to delete yor father's name and to include your name along with your mother in their records and comply with necessary requirements in that respect to complete the formalities.
1. It is not clear from your question that whether your father died intestate or had he executed a "WILL".
2. Assuming that your father had died intestate, then your deceased father's share shall devolve equally to you and your mother.
In other words your father was holding 50 percent share in the property and upon his intestate death, you are entitled to 25 percent share and your mother is entitled to 25 percent, totalling to 50 percent of your deceased father's share. Your mother has to relinquish her right over 25 percent share in your favour by executing a registered Release Deed thereby you become the joint owner of the property.
On the demise of your father his 50% share in the property devolved on you and your mother. If your mother wants you to be the owner of 50% of the property then she can execute a gift deed of the 1/2 share which she got in the share of her husband post his demise. The gift deed has to be mandatorily registered.
1. You and your mother equally inherited your father's 50% share of the jointly held flat.
2.It meas that you are the owner of 1/4th share of the flat and the remaining 3/4th share of the flat is owned by your mother.
3. Your mother shall have to register a gift deed conveying her 3/4th share of the said flat in your favour which will make you the sole title holder of the entire flat.
Instead of joint ownership for the Bangalore flat, we want to know the pros and cons regarding ownership if she makes me the nominee. What is the exact process to be followed for the same? (As far as I am aware in Mumbai, one approaches the housing society to update the nominee, but the same is NOT applicable in Bangalore).
1) nominee is only trustee for legal heirs.
2)you can apply for letters of Administration from district court on demise of your mother
3) on receipt of LA apply for mutation of flat in your name
4) it is better mother executes will rather than fill in nomination form
You become a joint owner of the property automatically on the basis of legal heir or successor in interest. Hence until you relinquish your rights in the property by executing a registered release deed, your mother cannot become an absolute owner of the entire property.
Once she becomes an absolute owner of the property, she can name you as her nominee in the society records.
She can apply for transfer of shares in her name as an absolute owner on the death of your father with a NOC from you for this purpose and can even appoint you as her nominee in the society records.
You can enquire the further formalities from the society.
1. You are already the share holder of 1/4th of the said flat by virtue of your legal inheritance.
2. Your mother can make you the nominee for her 3/4th share of the said flat.
3. Nomination procedure is applicable all over India and there is Supreme Court judgement stating that a nominee is the owner of the flat for which he was nominated.
4. As per the nomination rule prevailing in West Bengal, no body outside the blodd relation can be nominated.
5. However, you need not get the nomination since you are already the 1/4th co-owner of the flat for part inheriting your father's share of the flat and after the demise of your mother you shall also be the sole legal heir of her 3/4th share of the flat making you the owner of the entire flat.