• Quit claim deed

I am a joint owner of some property with my nephew. i would like to transfer my portion of the land to someone else. Do I need to transfer it to the second owner first and then they add the other person or how do I go about completing that process I have the quit claim deed form, but it is not allowing me to remove myself and the leave the other owner on their and then add someone else.
Asked 4 years ago in Property Law
Religion: Christian

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11 Answers

You are a 50% shareholder in a property. What you can do is gift your portion of the property to the person you want. Or you may write a registered will naming him your heir.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Assuming that the property is situated in India and if you want to transfer your share in the joint property to someone else, then the partition of the joint property has to be carried out first. However, if you want to gift your undivided share in the joint property that can be done by executing a registered Gift Deed in favour of the Donee in the jurisdictional Sub Registrar's Office and immediately the transfer of the property will be effected in Donee's name.

2.  After the joint property is partitioned by metes and bounds, you can sell your individual property to someone else.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Ask your uncle to gift his share of the property to the person he wants or he could write a will making him the beneficiary.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since this property is jointly owned,  if you are desirous of selling your share of property then you first get the property partitioned between you both amicably and after that you can sell your share of property to anyone of your choice. 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

There's no necessity to remove anyone and replace him by a new person. 

There's no provisions in law for the desired arrangement. 

Let the property be partitioned between the joint owners after which he can transfer his share to the person of his choice by executing a registered gift deed. 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You can directly perform sale deed, gift deed or WILL, but before that would like to know what terms and conditions are made while purchasing this property jointly. So I can explain you why you're uncle is not allowing you to transfer the rights of yours to on some else name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

no you can transfer directly without any issues to anyone

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Dear Client,

Any co-owner can transfer his own share in the property to a stranger or another co-owner, and the transferee steps in the shoes of the co-owner. The transferee becomes the co-owner. You can have co-ownership changed into sole ownership through the partition.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

It is necessary to peruse  documents of title to advice 

 

you can execute sale deed or gift deed  for your share in property

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

 

It is not necessary that your name should also be removed if uncle wants to transfer his share in property 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

- Since you are the joint owner of the said property , then being one of the owner you have right to sell your 50% share of the property without taking the consent of nephew. 

- Further, your uncle can transfer his share to any one either by way of a gift deed or transfer deed.

- After transfer the half share , then deed will be considered as single owner , and removal of name from the deed is not needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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