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.
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.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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.
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.
the property is located in Harvest AL my uncle and I are on the deed that my grandmother gave us the us, now my uncle is wanting to remove himself and give the property to my twin brother but the quit deed doesn't allow my uncle to remove himself without removing me nor does it allow him to add my brother without removing himself
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.
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.
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.
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.
Dear Client,
It is necessary to peruse documents of title to advice
you can execute sale deed or gift deed for your share in property
It is not necessary that your name should also be removed if uncle wants to transfer his share in property
- 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.