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Chandresh (Tax Consultant )     21 April 2009

JOint Property

Dear Sir,

There is one residential house of my relative in gujarat,it is owned by husband & wife in dastavej it appears both name.they have purchase house property in year 2004, in 2005 husband is died they left her wife & two adult married son each having one issue and two daughters they both have married. the husband havent made any will. now my issue is if 2nd holder mean wife wants to sole owner of house what is the proceedure to delete husbands name as 1st holder and add wife who is 2nd holder of the house to make sole owner of house.



Learning

 3 Replies

sanjay singh thakur (advocate)     23 April 2009

Dear Chand

In this case all the legal heirs will have to gift their share in favour of the wife of the deeased.

Y V Vishweshwar Rao (Advocate )     23 April 2009

The  Dastavji /Docuemtn is in the name of Late Huaband and wife , what are the contents of the Docuement  are not mentioned   ,whether  the documents  declares any such clause on the death  of  one of the joint Owenrs the proerty should be recorded in the name of the Secodn Holder , otherwise the  children are entitled to share the same as successors 

 

Chandresh (Tax Consultant )     24 April 2009

Thanx a lot Mr. Thakur & Rao,

there is no such clause like H'band OR Wife will be total owner of the property after death of one,in dastavej....., now tell me what is the procedure to be a wife total and full owner of property and also what is the procedure in court and how mauch time she wait for their full part...,any relative civil law sec. OR case law like same I need ...if it provide.

 

 


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