Removal of son's name as co-owner of residential property
I own two bungalows in Gujarat, which are occupied by my two son's. Each property is under mine, my wife's and the respective son's name.
I wish to revoke their ownership rights from both the properties.
In all circumstances, they will not concede to my wishes.
What is the legal way for me to go forward?
I also wish to list these properties in my will to my two grandson's after they reach the age of 21, and wish to give no rights except being a guardian to my sons.
Please guide me. I have no will in place currently, my age is 70 and wife's age is 64.
Asked 2 years ago in Property Law from Godhra, Gujarat
you cannot revoke ownership right of your sons . each son has 1/3rd share in one bungalow .
you can make a will bequeathing your 1/3rd share in both bungalows to your 2 grandsons . similarly your wife can bequeath her 1/3rd share in bungalows .
Thankyou for the answer Ajay.
However I have a new question now..
It is possible that my sons would want to demand partition of their 1/3 portion of the bungalow, but this is not possible since its not simply land that can be divided. Would this mean that I will have to sell the bungalows and part with 1/3 portions each to both my sons?
Asked 2 years ago
yes if it like that then you will have to sell it
Advocate, New Delhi
Ownership rights once conferred cannot be revoked unilaterally. Your sons have an equal share in the properties. No share holder can oust the ownership rights of another share holder. You are at liberty to will your ownership right therein.
Your sons may at any time move to court to partition the bungalows and cull out their equal share therein, in which event you cannot stop them from selling their share in the property and taking away sale proceeds.
your sons can demand partition as they have 1/3rd share in the property .