1) you can offer to purchase father in law share by paying him market price for his one third share in flat
2) sale deed should be duly stamped and registered
Remove name of third owner for a jointly ownered flat in Mumbai Suburbs
We have a 1 bhk flat in Central Suburbs in Mumbai. Currently there are 3 joint owners of the flat. I am First owner, my husband is second owner and my Father-in-law is third owner.Our flat cost was around 85lac off which my father-in-law had given us 19lac by selling his previous property, hence he was made 3rd owner. Me and my husband have withdrawn 65lac home loan for the same and have been repaying same last 2 yrs(room was bought in April 2017). Now both my in-laws are quite harassing us with daily taunts and tantrums and blaming us for selling off their previous property and helping us(which was their own decision). Is there any way to remove my father-in-laws name from our property so that after his death his other sons i.e my 2 bro-in-laws don't claim on this property for which we are heavily debted?
Asked 5 years ago in Property Law
Religion: Hindu
11 Answers
not possible
your father in law had contributed for the purchase
so he is entitled to the property as a co-owner
if you wish to remove him as a co-owner, you will have to prove that the funds contributed by your father in law for purchase were infact a gift by him to your husband
the only way will be to refund his 19 lacs and ask him to execute and register a release deed
Hi,
One of the way to come of daily trauma is that you pay the amount paid by the father in law and ask him to sell out his share to you and your husband.
You will have to buy the share of the property of your father in law.
Nothing can be done to remove his name from the property without paying him or getting a gift or relinquishment deed from him in your favour as he had made contribution towards the buying of the property.
You should refund him his contribution cause ownership will be acc. to contribution in purchase. So his ownership's lies upto 19% and with passage of time value of flat will increase and so the refund.
Other available options are more complicated.
See his name can be removed only if he make a gift or relinquish deed in your or your husband's or both favour otherwise name cannot be removed he is co-owner and paid consideration for same.
You party which needs to be removed can execute a registered relinquishment deed for the same.
Hello,
Without his consent his name can not be removed from the said property.
Ask him to make a will in your favor in order to avoid any future dispute.
Regards
Dear client
For that you have to convince your father in law to give relinquishment deed in his son name and get it registered and if for that you have to pay some money then you can pay it if your pocket allow it.
There cannnot be any other option or other wise after death of your father in-laws only his share is going to be distributed among all legal heirs of him. It will not affect your share.
you cannot remove your father in law name from joint own property.
Settle dispute amicably through an mediator and buy his share as per market value or relinquish his share through relinquishment deed in your favour.
You cannot remove his name from the ownership of the property.
If he decides to transfer his share of property to anyone of you then he can execute a registered settlement deed or a registered gift deed or a registered sale deed to either of you or to both of you.
Other than this you cannot remove his name from the ownership or joint title of the property.
You can talk to him and arrange to return his amount so that he would execute the desired registered document to make you both as absolute owners of the property.
