• Change in ownership of flat

I have a flat in Chennai jointly with my husband. The money for the purchase was paid from my retirement settlement money and I am the primary owner. Recently my husband expired suddenly due to brain haemorrhage. Is it possible to delete his name and make it as single owner without legal heir route? What is the procedure?
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

Hi, Property was registered in the Joint name, though the money was paid by you. Both of you has equal share in the property. As your husband died interstate all the legal heirs including you has equal right in the 1/2 share of your husband.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

If the property was jointly owned by you and your deceased husband, then upon his intestate death, his share in the property shall automatically devolve on all his legal heirs or successors in interest.

You cannot avoid allotting the share to legal heirs out of his share in the property. In fact you are also one among the legal heirs and are entitled to a share as a right out of his share in the property.

The alternate solution is that the other legal heirs can execute a registered release deed relinquishing their rights in respect of their legitimate share out of yor deceased husband's share in the property jointly owned by you both.

This process will make you an absolute owner with marketable title conferred on you.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You need to apply for letters of administration from district court as husband died intestate

2) on his demise you and your children would be the legal heirs

3) I presume mother in law predeceased your husband

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

In the joint ownership property you have right over half share of the [property or other wise specified share in the sale deed.So after the death of your husband his share in the property distributed to his legal heirs (among his children and wife). So it is not possible to delete his name from the sale deed.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

This is very easy. As the surviving owner of the flat you just submit a certified death certificate proving that a person who co-owned it is deceased dead. His name will be deleted.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

4.5 on 5.0

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