• Selling of joint property after one owner's death

Hi , 

My husband and his younger brother owned a joint property registered to both their names , they have even availed the joint bank loan . My husband passed away last year , I am a surviving widow of my dead husband with two minor children aged 12 and 6 years of age, my husband both parents are still alive . After my husband death I am continuing to pay the bank EMI of his share along with his brother . Please note there is no will written by my husband . 

My husbands brother is willing to buy the property now by paying the share of my husband to me and my kids .

what is the process to transfer the property to my husbands brother name ?
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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16 Answers

Dear Sir,

Before his mind is changed you just take the amount and execute a Relinquishment deed in his favour and thus you will be free from complicated issue.

Kishan Dutt Kalaskar
Advocate, Bangalore
6239 Answers
499 Consultations

Release deed or sale deed will execute. Husband share inherited in you, minors and mother by 1/4th share each. This may get little complicated, sub registrar may ask for court order to sell minors share.

Don`t bother of anything. Show yourself legal heir of husband and sell it by executing release or sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can gift your share or relinquish your share in his name vide a registered gift or relinquishment deed. 

Prashant Nayak
Advocate, Mumbai
34649 Answers
249 Consultations

Hi

Get the share of your husband transferred to your name by submitting his death certificate. 

Then you will be the owner and can transfer the property to anyone. 

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Apply for mutation of husband share in your name and children name 

 

2) enclose death certificate of deceased husband 

 

3) latest receipt of payment of property taxes 

 

4) NOC of mother in law 

 

5) if no objections are received mutation would be done in name of legal heirs 

 

6) for sale of minor share in property court consent is required 

Ajay Sethi
Advocate, Mumbai
99961 Answers
8158 Consultations

If a Hindu male dies intestate, his property will go to Class I legal heirs i.e. widow children's and mother.

As per the provisions of the Hindu Minority and Guardianship Act, 1956, any property or share in property owned by a minor, cannot be sold or disposed of by the natural guardian of the minor, without taking permission from the court.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Since your husband died intestate, you along with children are entitled to share in the property.

If you are ready, you can execute release / relinquishment deed in his favour by getting it registered and paying stamp duty.  However, in case of minors you need to take permission of the court.

You need to append the death certificate of your husband

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

The share of property pertaining to your deceased husband shall devolve equally on all his legal heirs upon his intestate death. 

The legal heirs are you,  your minor children and your mother in law. 

No doubt you cannot sell his share of property during the pendency of home loan. 

The second and major obstacle is that you can't sell the share of property pertaining to the minor children,  for this you may have to obtain permission from court of law. 

 

After this and a NOC from bank you may transfer your deceased husband's share of property by executing a joint registered gift or sale deed in his favor. 

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

1. In the given Circumstances, you can execute a registered "Release Deed", in favor of Brother, for the 50% share of Husband. This has to be done during your life time, which shall make it irrevocable and non-challengeable. This is legally safe and can be done immediately. There is no requirement of NOC etc.... from the other legal heirs etc....  However to do this you would require an NOC from the Lending Bank, for the purposes.
(In normal circumstances: Stamp Duty: 500/- and Registration Fees: 1000/-. However check the current position with a local Registration Agent)

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See firstly on your husband's demise you your children and husband's mother has equal share in his share in property.

So for kids permission from district court is required to sale the property.

Then a registered sale deed signed by you on your and kids behlaf and mother of husband in favor of husband's brother can be made.

Also NOC from the bank is required as it on loan.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can not at this stage legally sell your share because your husband share shall devolve upon equally to you and your children. The children being minor as of now you need court's permission to sell children's share. 

After court permission you can make either sale deed relinquishment deed for an agreed consideration amount. Relinquishment deed will attract less registration charges. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. Assuming that your husband died intestate (without executing a WILL), then his entitled share in the jointly owned property devolves equally to his mother, his widowed wife and 2 children, i.e., 1/4 share each.

2. You can release your share, as that of your 2 children's share, being the natural guardian, by executing a registered Release Deed relinquishing share in the property in favour of your brother-in-law.

3. In this way, the transfer of property in favour of your brother-in-law can be effected to him.

Shashidhar S. Sastry
Advocate, Bangalore
5634 Answers
339 Consultations

Since the property was jointly purchased by your husband and his brother and since they had jointly availed a bank loan. After the death of your husband, his brother wants to purchase the share of your husband as well. It can be done. But as you mention there is a housing loan in respect of the property in joint names, and since you are presently paying the EMI's of his share, you must intimate the bank about the proposed sale of your husband share to his brother. If the bank approves it,

Once the bank approves it, then you must obtain the Katha in your name in respect of your husband share in the said property, for which both your children must give an NOC to B.B.M.P or other authority if any, to tranfer the Katha in respect of the said property into your name along with that of his brother. Once you have obtained the Katha in your name, then you can execute a Absolute sale deed in favour of your brother in law in respect of your husband share in the said property for a consideration to be stated therein.

First understand what is the current outstanding with the bank and then obtain the NOC from the bank and proceed as stated above.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

1. On the demise of your husband his share in the property devolved on his Class 1 heirs who are his mother, widow and children.

2. Since your children too have a share in the property and they are minor you cannot alienate their share without the permission of the court of Guardianship Judge. A petition under the Guardians and Wards Act will have to be filed by you to seek the permission of court. 

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1. First of all you have to obtain legal heir certificate from tehsildar by providing death certificate to tehsildar and list of legal heirs which includes you, your children and your mother in law.

2. After getting legal heir certificate your brother in law should obtain NOC from bank for transferring the share of your husband on his name.

3. Then he can make a transfer deed of property on which Should be signed By all legal heirs Of your husband.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Till the loan is pending you cannot transfer your share of the property as the bank has all the documents.

Afte the loan has been paid you may transfer the property.

You can make an agreement to sell.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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