• Necessity of changing titles on death of a joint holder

My parents have a flat purchased in 1972 in their joint names. My father died without a will & I have a sister.
Now does my mother need to transfer the flat completely in her name by me & my sister executing a release deed or is the ownership deemed 100% in the survivor's name & we need not transfer the flat to my mother's name as a 100% owner.
Asked 8 years ago in Property Law
Religion: Hindu

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2 Answers

Your mother had 50 per cent share in flat

On father demise his 50per cent share would devolve on your mother , you and your sister

You and your sisters have to execute release deed to relinquish your shares in flat

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Your mother is the owner of half of the property only.

The rest half share that belonged to your deceased father who is reported to have died intestate, shall devolve equally on all his legal heirs consisting your mother you and your sister.

If you and your sister would like your mother to become the owner of the enire property then you both may execute a registered release deed relinquishing your rights in the property in her favor.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

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