• Remove Second owner from flat rights

I am woman aged 48 and following Hindu Jain religion. I am first owner of residential flat in Mumbai suburb with my father as second owner. Our society was formed in 2007 and share certificates were issues few years back. My father expired in 2009. I have below queries :
1. Does 2nd owner (co owner) has equal rights to property as first holder? 
2. I want to have my father's rights and name removed from the property, and wish to add my husband as second holder. What is the process to do so? If no direct way, can my mother replace my father as second owner, and then gift her rights to my husband?
3. I have made my husband as 100% nominee. Will he get full rights to flat , in event of my death and my father is still the second owner in share certificate?
4. Can I have my husband become associate member, till he gets added as second owner to flat , on I filling form , without my father's signature? 
Please let me know on above asap.
K Shah.
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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19 Answers

Yes u can do.. First fall transfer ur property on ur own name... 

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

1. Does 2nd owner (co owner) has equal rights to property as first holder?
ANSWER: YES. Second Co-Owner shall deemed to have EQUAL share in Property, in the absence of any documentary evidence as to who actually financed the property.

2. I want to have my father's rights and name removed from the property, and wish to add my husband as second holder. What is the process to do so? If no direct way, can my mother replace my father as second owner, and then gift her rights to my husband?
ANSWER: ALL the residual legal heirs of deceased Father (Wife & Children) shall have EQUAL share in Father's 50% Share of property, without any exceptions, whatsoever. Hence said 50% share CANNOT be transferred in sole name of Mother.

3. I have made my husband as 100% nominee. Will he get full rights to flat , in event of my death and my father is still the second owner in share certificate?
ANSWER: You own 50%. Hence you are entitled to Nominate /Gift /Donate /whatever.... to ANYBODY only upto the extent of your 50% share.

4. Can I have my husband become associate member, till he gets added as second owner to flat , on I filling form , without my father's signature?
ANSWER: YES. Provided you are the First member, by filing bye law form no. 10.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir/Madam,

It is suggested that the second owner does have the equal rights and in the present case, you may get the father's name and rights removed by submission of his death certificate. If your mother is alive, she may replace your father and then relinquish her rights in favor of your husband. The husband will get the rights of yours as mentioned in the nominee. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1) both have equal ownership rights 

 

2) on father demise his share would devolve on your mother , you and your siblings 

 

3) your mother can execute gift deed in favour of your husband 

 

4) nominee is only trustee for legal heirs 

 

5) you should execute will bequeathing flat to your husband 

Ajay Sethi
Advocate, Mumbai
94886 Answers
7569 Consultations

5.0 on 5.0

1. Yes

2. A succession Certificate will be required for the person whom you want to add as second owner.

3. Yes

4. No

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

  1. Yes, co-owners have equal rights in the property regardless of being first or second.
  2. You need to move an application for transfer of membership in your sole name in the Housing Society and get your name entered in the share certificate as well.
  3. If you intend to transfer 50 % of right to your husband in the flat you can do so through a registered Gift Deed after getting it transferred in your name with NOC from your mother.
  4. It is advisable to get a gift deed in favour of your husband and take steps to get membership/associate membership.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1. Yes, the deceased is entitled to half share equally. 

2. Your father's share in the property shall devolve equally on all his legal heirs,  hence if all other legal heirs relinquish their rights in the property by executing a registered release deed in your favor,  thereafter you can transfer half share in the property by executing a registered gift deed in favor of your husband.

3. Until and unless you would follow the above mentioned procedures   your husband can 100% only in respect of your share in the property.  

4. Without any authority to make him as an associate member,  the society may not entertain your application,  hence you may better wait. 

T Kalaiselvan
Advocate, Vellore
85087 Answers
2213 Consultations

5.0 on 5.0

1. Yes. All the persons whose names are reflected on the sale deed are entitled to equal share in the property unless shares are described otherwise in the sale deed. 

2. Therefore unless your father who has half share in the property transfer his share by way of a registered deed of gift or release in favour of your husband , you can not add him as its co owner. 

3. Nomination can not override the law of Succession. Therefore on your death all your legal heirs can inherit your half share by equal share unless you make a Will or other testament. 

4. Mere filling up of a Form doesn't make him a owner of a property unless he has otherwise title in the property. 

Devajyoti Barman
Advocate, Kolkata
22857 Answers
492 Consultations

5.0 on 5.0

Yes, you can do it.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. Yes the co-owner has equal rights in the property.

2. See after you father's demise without will you, your mother and sibling (if any) grandmother (if alive after father) as legal heirs of father has equal right in father's share.

So all legal heirs of father can gift their share to your husband making him co-owner of the property.

3. Your husband will have right on your share only.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Please approach your Society office and seek forms to intimate the death of second owner of the flat and inserting the name of another family member as second owner and associate member as per bylaws and MCS Act 1960.

All forms are available with the Secretary of the Society wherein you may have it for the necessary changes to be carried out for up-date of Society records under the provisions of law. 

If no response from Secretary then move before Dy. Registrar of CHS of your ward and area for REDRESSAL OF YOUR GRIEVANCES. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Dear Client,

Second owner has the same rights.

If you father has left a will then on the basis of will you may get transferred the share of your father in your name.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

4.8 on 5.0

You can with adding legal heirs name after your father's death. And than as legal heirs to transfer their share to your father's name by way of gift deed or will. 

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1. Yes second owner have equal rights in property as first owner.

2. Apply for legal heir certificate of your father from tehsildar.

3. Take NOC from other legal heirs of your father to transfer property rights on your name.

4. Then apply for transfer of share certificate on your name with legal heir certificate of your father, death certificate of your father and NOC from other legal heirs.

5. After transfer of share certificate on your name execute gift deed in favour of your husband.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. If he is co-owner then he has equal rights

2. If it's your sole property you can get his name deleted in records anytime

3. He will get the transfer in his name but ownership rights are not decided through nomination. It's decided through succession laws

4. Yes 

Prashant Nayak
Advocate, Mumbai
32037 Answers
183 Consultations

4.1 on 5.0

1. Is it your case that your father's name was added as a co owner only as a form of some family arrangement?

2. Is it your case that it is only you who had paid the full purchase money for the flat and nothing was contributed by the father?

3. If the above is in positive then you can take affidavits from the other legal heirs of your father in which they state that they do not claim any right over the 50% share held by your father since he was joined as a co owner only by way of family arrangement

4. Submit the DC and above affidavits to the society and request to delete your father's name

5. It is better if the above affidavits are registered 

6. The society can then delete your father's name and you will become 100% owner. You can then gift transfer 50% to your husband on Rs 500 stamp paper and have it registered. 

7. Alternatively the legal heirs of your father can be joined as conforming parties in the gift deed as well

8. If there is any claim or dispute by any legal heir of your father that you are not the 100% owner then you will have to file a declaratory suit in court 

9. In case of dispute the nomination made by you in favor of your husband will be subject to final outcome of above suit 

Yusuf Rampurawala
Advocate, Mumbai
7535 Answers
79 Consultations

5.0 on 5.0

Yes if both have contributed in purchase.You have solely used your self earned money than you are sole owner.

Father share inherited in you and your mother. Both can execute gift deed of 25% + 25% share in your husband name to make him joint owner.

Nomination dose not give inheritance right. On your demise, your share will inherit in your husband and children equally.

 husband become associate member - Only after become co owner. 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

yes, 1 & 2 owner have equal rights. 

on death of your father his Sons Daughters are class1 heirs,  heirs consent required to transfer his share. .

nominee is trustee,  after your lifetime your childrens and Your husband are equal co owner in 50% share. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As your father was a co owner he had a right in the property. Now his share will be divided amongst his heirs ie your siblings and your mother and you.

Obtain an noc from all the heirs and then transfer it to your husband's name.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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