When I purchased my house before my marriage I have registered the property in 2 persons name. This was registered 1st on my name and 2nd name is of my mother. My mother didn't financed anything for this property and she was just 2nd applicant on loan paper as had overseas job profile at the time of this purchase. What will happen next if suppose my mother passes, do this property will straight away transferred on my name or my siblings can also claim their share in this property? In reverse case, if anything happens to me will my wife can claim the 100% share of this property or she can only claim 50%? For information, my mother lives separately at our old family home but I have not canceled her 2nd name from property anytime since it was purchased in 2005 and I am the sole occupant with my separate family in it since then. This property is in Mumbai suburban. Please advise, thanks.
After your mother, this property will transferred on all legal heirs name. 50% of your share and 50% share in all legal heirs.
If you do not want to face any future consequences then kindly make WILL or Gift Deed on your name or your wife's wife or make quit-claim deed and transferred your mother's 50% share on your name. get this document registered with registrar soon.
You are actual owner but in document, mother is co owner. SO on her intestate demise, her co ownership will inherit in you and your siblings. So You have to file declaration suit to claim sole ownership.
Either get the WILL executed in your favor or mother have to execute release/gift deed to transfer sole ownership.
In your case, your wife will inherit 50% and rest 50% your mother.
Better tell mother to execute WILL in you favor or gift deed.
On mother demise her share in property would devolve on you and your siblings
2) your mother can during her lifetime execute gift deed in your name for her share in property
3) it should be duly stamped and registered
As your mother is a co-sharer here, in absence of her your siblings can claim the share of her property.
1. Property status, in today's scenario is as follows:
a) Yourself; 50%
b) Mother: 50%
2. IF either of the above expires, THEN:
a) Property of yourself (50%) shall be EQUALLY claimed by: Mother, Wife & your Children.
b) Property of Mother (50%) shall be EQUALLY claimed by: Yourself, Father & ALL your Siblings.
3. To avoid above, take registered Gift Deed from Mother (while she is alive) in your favor, for her 50% share, to avoid futuristic legal disputes between family members.
4. IN MUMBAI: For Gift Deed (between Mother to Son)
Stamp Duty: 200/-
Registration; 200/-
Your mother needs to execute a will in your favor otherwise your siblings will claim the same
Sir
Your Mother is also the Co-owner of the property, so if by chance something something happens to her then her 50% share will devolve on all her legal heirs including you,
As you have financed the whole property then you can claim the same if any dispute arises and the court will consider it if you are able prove that the same had been financed by you.
The property will not be transferred straightway on your Siblings.
Suppose if something Happens to you then your 50 % share will devolve upon your wife and Children.
Your Wife wont be able to claim the 100% share if you die before doing any kind of family arrangements.
it is advisable that if in case you want the share of your mother to be transferred upon you or ur family then you can have a Gift deed made in your favor till the time she is alive, else it can create disputes.
1. It depends upon the type of legal language used in the registered sale deed. One has to look into the recitals in the sale deed.
2. It has to be checked in the sale deed as to, whether it's mentioned as "Joint Tenancy" or " Tenancy in common. "
3. When it's "Joint Tenancy", the interest of a deceased owner gets transferred to the surviving owner, ie., Right to survivorship.
4. When it's " Tenants in common " have no rights of survivorship. Inn such a case, the rights of the deceased owner gets transferred to his/her legal heirs.
5. To specifically answer your query, the recitals in the Sale Deed has to be looked into.
After her death, her 50% share would be claimed by her siblings and in case, God forbid, you expire then your wife can claim only 50% share. So, it is advised to get a Relinquishment Deed from your mother in respect of her 50% share either in your favor or in favour of your wife. Sale deed in favour of you and your mother would be read with latest RD and thereafter you or you a d your wife would be absolute owner of entire house. There would be no much expenses involved in getting the RD registered. Go ahead. Follow my points. Good luck.
1. Since your mother's name is appearing on the sale deed she would be considered as its half share holder irrespective of the fact whole payment was made by you.
2. Now on her death her share would be divided among her husband and children including you in equal share.
3. So to avoid making your siblings co owner of the property get a registered Will executed by your mother in your name.
Dear Sir/Madam,
If possible, you may obtain the relinquish deed from the mother regarding the said property and things will be solved because using that you will be removing the mother's name from that property. In case nothing is done by you, the siblings may demand their in the mother's share of the property after mother's demise and your wife may demand 50% of share after you.
This property was purchased on the joint names of you and your mother,, hence you both are the owners of the property.
In case of your mother's intestate death, her share in the property shall devolve among all her legal heirs including you and your siblings.
In case of your sudden demise, then your share of property shall be shared between your wife and your mother equally.
The legal position is that the property is in the joint names as per the registered sale deed, hence you both are having equal rights in the property.
After your mother the 50% property will be equally distributed amongst heirs.
After you your wife can claim only 50% alongwith equal right in your mothers share after her death.
1. this is a very vexed question
2. since the entire purchase consideration was financed by you and your mom was merely a co-applicant in the loan, generally it can be said that for all purposes, you are the sole owner of the property
3. however since your mother's name is also included in the title document, without anything having been stated in it, as to who among the two purchasers paid the full consideration to the seller of the flat or as to the fact that the mother's name is joined as a co-purchaser merely for convenience or as a family arrangement, then in the event you mom dies, then her legal heirs would lay a claim over her 50% share in the flat
4. obviously such a claim as above would be resisted by you and there would be a litigation
5. alternatively if you die, and if your legal heirs [which include your mom, wife and children, if any] claim right in the entire flat, then the mother if she is alive by then, may say that your legal heirs [excluding her] can claim only in respect of your 50% share and not in respect of the entire flat since the other 50% is owned by her. So again there would a dispute
6. obviously upon your demise, your mother's share in the flat would increase since the mother of a male Hindu is also one of his legal heirs as per the Hindu Succession Act
7. however if your mother is not alive at the time of your demise, then your 50% share will go to your widow and children. As to the balance 50% there would be a dispute if the mother's heirs [which include you also] lay a claim over her 50% share
8. so i would suggest that in order to avoid all these complications, and if your mom is willing, then have a gift deed registered for her 50% share in the flat in your favour, so that you become the full owner of the flat
9. however one thing to be kept in mind is that by making such a gift deed, you would in a way accept that your mother was indeed a 50% owner of the property
10. the stamp duty on a gift deed by a mother to son is only Rs 200 and registration fee is also nominal. So that will be the best course for you to avoid any future litigation
11. there is another option of your mom making a Will for her 50% share in your name. But then again such a Will would have to be proved in Court by filing a probate petition and if any heir of your mom, other than you, challenge her Will, then again the matter would get stuck
12. so gift deed is the best option
Considering the old age and medical health issues of my mother what would be best thing to do straight away? I am looking forward to have best solution in this matter so that I would not be stuck even if I have sale this property before any one of us die? Please let me know which one is better - A) Gift Deed (I heard in this case I heard if any one person give to other the other can't sale the property forever??) B) Will Deed or C) Relinquishment Deed. I am looking for quick solution so I have both the option open which are either keeping the house for self forever or I can sell it whenever I want. But for sure she can't walk now till any court or register office to do any transfer or take pictures? Please advise, thanks.
Then WILL is the best option as of now.
WILL is effective after demise but no cost(minimal) involved in execution of gift deed and if mother can go to sub registrar office than release or gift deed which ever has lower fees.
Gift Deed (I heard in this case I heard if any one person give to other the other can't sale the property forever??) --- Only if gift deed is conditional.
Execute WILL attested by 2 witness and get it notorise.
In gift deed, you have to pay stamp duty as per circle rate.
In Will, it shall come into effect after the death of your mother.
Relinquishment Deed is the best option.
1) Gift deed is best option
2) you would be absolute owner of property
3) you can sell the property if you so desire
4) if your mother does not want to transfer property in her lifetime in your name by gift deed then will is best option
3) will should be attested by 2 witnesses
1. The problems related to making a Will i have already enumerated in my previous answer
2. relinquishment - if your mother releases or relinquishes her 50% share to you without any consideration, that is nothing but a gift. Any transfer of property without any consideration is essentially a gift only!!
3. the restriction against sale in case of gift deed which you have noted in your follow up is completely absurd!! Dont know who told that. There is no such restriction. The donor can apply to the Senior Citizens Tribunal to have the gift deed cancelled or revoked in case the donee [to whom the property was gifted] is not taking care of the donor and the gift deed has a covenant or was made under the circumstances that the donor is making the Will in favour of the donee with a condition that the donee will take care of the donor and will not evict the donor
4. in your case you have stated that your mom resides separately and has her own accommodation. So the above contingency would not arise
Dear Sir,
The relinquish deed will be the cheapest and hassle free method and notary/registrar can be called to your residence after submitting the due application regarding her health.
1. Let your mother execute a registered irrevocable Gift Deed in your favour and if she is unable to execute the Gift Deed in the jurisdictional Sub Registrar's Office, let her execute a registered POA to any of her children, including you.
2. When once the gift ia accepted by the Donee, the Donee becomes the absolute owner of the property and it happens immediately during the lifetime of Donor himself.
3. There's no bar for the Donee to sell the property, at his/her will.
- Since the said property is in the joint name of you and your mother , hence after demise of your mother , her share in the said property would be devolved upon all the siblings including you.
- Further, after your demise , your wife and children if any can claim form the 50% share in the said property, i.e. your wife cannot claim any right over the share of your mother.
- However, since you are paying the loan amount , hence on this ground you can get the full ownership of the property after filing a declaration suit before the court.
- Your mother can execute a WILL in your favour that her share in the property will be automatically transfer in your favour after her death . Otherwise during her life time she gift you her share as well.
A. Yes , she can transfer her share by way of registered Gift deed , for making you full owner of the property.
B. Yes, this may be also an option to leave her share in the property as well.
- If she is unable to walk , then she can transfer her share by way of executing SPA/POA in favour of any relative on her behalf.
- Further, you can also write the Registrar to arrange an official to take the sing & thumb impression of your mother at her residence.
Your siblings can claim your mother's share.
Get that portion transferred to your name via gift deed
Let this be passed on to you under a deed of relinquishment so that you immediately(during the lifetime of your mother) derive 100% ownership stake in this property.
Gift deed will be ideal but it will incur you stamp duty or will. Any one from this will suffice your purpose
Your mother can transfer her share in the property in your favor by executing a registered gift deed.
This can be the best option as of now.
If she's unable to visit the registrar office then you can bring the registrar to your house by paying the prescribed fee and complying with other formalities.
In case of a Will, there's a possibility for a litigation in the future which will cause you more trouble.
1. In case of demise of your mother her share will devolve among her legal heirs including you if your mother dies intestate.
2. If something happen to you then your share will divided equally among your legal heirs including your mother if you dies intestate.
3. You can ask your mother to make a relinquishment deed in your favour so that complete property ownership will transfer on your name.
4. You can make a will in favour of your wife so that she can claim full property after your demise.
1. In case of demise of your mother her share will devolve among her legal heirs including you if your mother dies intestate.
2. If something happen to you then your share will divided equally among your legal heirs including your mother if you dies intestate.
3. You can ask your mother to make a relinquishment deed in your favour so that complete property ownership will transfer on your name.
4. You can make a will in favour of your wife so that she can claim full property after your demise.
1. Title holder's name can not be cancelled just like that.
2. Your mother is now 50% share holder of the said property and after her demise, her share of the said property will be equally inherited by all her legal heirs including yourself.
3. So, you can get a gift deed registered by her conveying her share of the property in your favour.
4. If she does not agree for registering the gift deed, you shall have to file a declaratory suit against her praying for a declaration that you are the sole owner of the said property since you have paid the entire consideration while buying it and also praying for a direction upon the Registrar to delete her name as the joint owner of the said property.
1. Registration of Gift Deed in your favour is the best option in your case.
2. You can sell the property after getting the Gift Deed registered.
The property is in your mother's name too so your siblings can demand a share. If anything happens to you then too they would have a share.
A relinquishment deed is the best option and write it in the deed that your mother was one of tge co applicants and hence she is now giving away her share to you.