• Removal of deceased joint owner's name

Hello,

My Father passed away on 30th Jan 2018. The ownership of the flat is co-owned with Father and Mother. Now, we want to make our Mother the sole owner of the Flat. Also, me (son 29 years) as a nominee.
We also have a minor brother. (2 brothers in total)

Please guide me how to proceed. This Flat is a part of Co-operative Housing Society in Navi Mumbai.

Also, will it be fine If we give the flat for rent under my Mothers name before this transfer of name?
Asked 5 years ago in Property Law
Religion: Hindu

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18 Answers

on demise of your father your mother , you and your brother inherit father 50 per cent share in property

2) you can execute relinquishment or gift deed to relinquish your share in flat

3) relinquishment deed or gift deed should be stamped and registered

4) apply to society to transfer flat in your mother name . your brother name would also be included in share certificate

5) then only give flat on rent

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

You father n mother has 50%share each. Now post demise of your father that 50% devolved equally upon all 3 of you including your mother. Since your mother's name is second in the share certificate make application to society to delete name of your father and put mother's name first in the share certificate. You have to give indemnity to society n noc. Thereafter mother can file nomination in your name

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.4 on 5.0

You can make an application to society with Affidavit for transfer and fresh nomination. as its a co-operative society, it will have its own bye-laws. if they still dont allow or create hindrance you can publish public notice through advocate in national and local newspaper. i have similar case as yours. for further assistance do contact.

Krinjal S Ahuja
Advocate, Mumbai
16 Answers

4.3 on 5.0

Since You have been made as the nominee, after the death of your father, vested interest is created in your favor, you and your mother can execute a license or rental agreement in favor of third party. if you want to enroll your mothers name to the extent of the fathers share for which you were nominated, you can execute your relinquishment deed and tender it to the society. if the society agrees then fine, if it does not agree then you will have to execute a release deed. for relinquishment deed you will not be required to pay stamp duty, for release deed you will have to pay stamp duty. one thing is important, you can reduce your stamp duty by executing a release deed for 16.67 % share in the 50% share of your father. you may be wondering where this 16.67 share came from. after teh death of your father, your mother , yourself and your younger brother become the legal heirs, all three of you being the legal heir will have equal share. now your mother ass per law of succession will be owner of 66.67% of share already. yo will give your 16.67% share, mother will be holding 16.67% share for and behalf of minor.

Devendra Singh
Advocate, Mumbai
39 Answers

4.3 on 5.0

Apply to the society to transfer the ownership of flat in your mothers name. Secondly you need to execute a relinqushment deed in favour of your mother. As being Hindu after death of father all three of you get equal share on property as such you are required to give relinquishment deed in ffavour of your mother to make her absolute owner of property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You and your brother will have to relinquish your share each in this flat in favour of your mother, so that the entire flat may be transferred in the favour of your mother.

Once you carry out the relinquishment deed, you mother may apply before the CHS for the transfer of this flat in her name exclusively. She will have to furnish the death certificate of your father together with the relinquishment deeds.

Let this be trasnferred in the name of your mother and thereupon, she may rent this out exclusively.

Contact a local lawyer to get done the needful.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hello,

Yes you can give the flat on rent on your mothers name before the transfer on her name.

Obtain a legal heir certificate from the court and thereupon the mother shall place an application for getting the property on her name.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

You can relinquish the share of your property in your mother's name that will be the 1/6 share of property.

Now since your other brother is small and your.mother is natural guardian she can relinquish his right in her favour. That will be another 1/6 share of property.

Rest 2/6 share of property is already with your mother.

So in this way she becomes owner of property.

Also by same documents you can apply and.take.share certificate from the society.

you should not to give property on rent with just one owner. Give it after is completely on your mother name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Respected sir...

joint owner can simply file a certified copy of the deceased co-owner's death certificate. In other states, the co-owner must also sign and file a statement setting out the facts and explaining that he or she is now the sole owner. The statement may need to be notarized (in which case it's called an affidavit) or merely signed "under penalty of perjury" without a notary (in which case it's usually called a declaration). It never hurts to file such a statement, even if it's not the custom in your state.

Whatever documents (probably a death certificate and affidavit of survivorship) you need, file them at the county land records office where the property is located. This place goes by different names in different states; it's commonly called the County Recorder or the Registrar of Deeds. Most counties charge about $10 to $15 to record the first page of a document, and a smaller amount for each additional page...

Thank you

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

1. Mere deletion of name of Father, from Society's membership is possible, via a Application + Death Certificate + Indemnity Bond. However, this will create a faulty Title of the property, for future transactions.

2. HOWEVER, the above will not delete the Title-Ownership rights of the deceased Father. Both the Son/s & the Mother, shall have equal Heirical & Title-Ownership rights over the 50% portion of the deceased father's property. There will remain perpetually.

3. TO transfer the 50% portion of the deceased father's property, in favor of Mother, you will need to execute a registered Family Settlement Deed amongst all the residual legal heirs in favor of Mother. ELSE file for "Letter of Administration" for the 50% portion of the deceased father's property, in favor of Mother.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Your minor brother is also the legal heir of 1/3rd portion of your father's 50% share of the flat.

2. Minor's property can not be dealt with with the written approval of local District Judge which is considered as the Triustee of all the Minor's properties falling in his jurisdiction and he will give such permission only if it is done for the welfare of the said minor which is not in your instant case.

3. You can relinquish your share of your father's share to your mother ans your mother and also your minor brother can rent thge flat to any body.

4. Since your brother is a minor, your mother can sign for and on behalf of your said brother as her guardian though the property will not stand completly in her name.

Krishna Kishore Ganguly
Advocate, Kolkata
26792 Answers
726 Consultations

5.0 on 5.0

Firstly, inform the same and get it transferred on your morher’s Name by registrar office.

Put your name also as a nominee, no fault is there in that.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Inform the society about the death with death certificate. The legal heir your mother will be the member and you will be the nominee in the same. As per section 30 of MCS Act society will make necessary changes in the register of society.

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

1. On the intestate demise of your father his share devolved through succession on his widow and both children equally.

2. You are free to relinquish your share in your mother's favour by executing a relinquishment deed. However, as your brother is minor his share cannot be relinquished without the permission of the guardianship judge. Ordinarily, the court does not grant the permission to altogether relinquish the share of a minor.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

File an application to the local revenue authority along with death certificate of your father and family tree and request the authority to transfer the revenue records in the name of your mother.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

As of now as your father is deceased, your mother is the sole and absolute owner. She has absolute rights over the property. The present trend of girls after marriage throw their in-laws out of the house, it is advisable that the present disposition continue as such. In future, if the d-in-law, creates problem in the house, she can be evicted. A will may be executed, duly registered that after her life term, the rights over the said property devolves equally on both of you.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The share of your deceased father in the property shall devolve equally on all his legal heirs consisting his wife, his children and his mother(if living).

You can execute a registered release deed relinquishing your rights in the property in favor of your mother, but since you brother is a minor, his rights cannot be relinquished by him owing to his age hence the property cannot be transferred to your mother's name in its entirety.

Therefore your mother cannot become a sole and absolute owner of the property at this stage owing the legal impediment i.e., your brother being minor and property having minor interest cannot be alienated without permission of court, even by its legal guardian.

Your mother can rent it out on her behalf as well as on behalf of the minor brother, but you have to authorise her ion writing to give the property on rent and should express NOC to this act.

.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

you need to follow a process as prescribed in Maharashtra Cooperative housing Society act. for further query pls call on

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

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