Dear client,
In Mumbai, you can protect your interest in the property by taking a few precautions. One common method is to clearly specify the ownership share in the property.
1. Property Agreement: Draft a legal agreement specifying the ownership share between you and your mother. Ensure that the agreement states your larger contribution towards the property purchase. This can include percentages or portions owned by each party.
2. Will or Gift Deed: Your mother can create a will or a gift deed specifying her wish to transfer the property to you in case something happens to her. A will can outline her intentions for the property after her demise, ensuring her share goes to you. However, a will can sometimes be challenged legally, so it's crucial to ensure it meets all legal requirements.
3. Joint Tenancy with Right of Survivorship: You and your mother can hold the property as joint tenants with the right of survivorship. In this scenario, if something happens to your mother, her share automatically transfers to you without going through her estate. This arrangement bypasses the need for a will but requires clear legal documentation.
4. Trust: Establishing a trust can be another way to manage the property. Your mother can create a trust and name you as the beneficiary, ensuring that if anything happens to her, the property automatically transfers to you as per the trust's provisions.
Creating a joint tenancy with right of survivorship typically requires specific legal documentation beyond the standard sales deed during property registration. It's not usually included by default in the sales deed unless specifically requested and outlined during the property purchase process. To establish a joint tenancy with right of survivorship, you'll likely need to create a separate agreement or deed that explicitly outlines this arrangement. This agreement needs to specify the co-ownership structure and the right of survivorship, ensuring that if something happens to one owner, their share automatically passes to the surviving owner(s) without going through probate or the deceased owner's estate.
You can reach out to us for further assistance