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Gaurav Kapadia   31 May 2024

Legal guidance required for ensuring 100% property rights

Dear Legal Advisors,

I am seeking your legal guidance regarding a property matter. I purchased a flat one year ago and financed it partially through a home loan taken in my name, for which I am paying 100% of the EMIs. My mother is a co-owner of this flat. I have three elder sisters who are all married and settled. My mother is a senior citizen 74 years and this is complete new property purchased by me with my hard earned money.

My concern is regarding the future ownership of this property in the unfortunate event of my mother's passing. I want to ensure that the property rights are transferred 100% to my name to avoid any legal complications, despite there being no current family disputes.

Could you please advise on the necessary legal documents or steps I need to take to secure my sole ownership of the property?

Thank you for your assistance.

Best regards,

GK



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     31 May 2024

It will not be possible for you to have 100% title in your favor if your mother is a joint owner.

She has to execute a registered release deed in his favor after the discharge of home loan so that he can become absolute owner of the entire property.

kavksatyanarayana (subregistrar/supdt.(retired))     31 May 2024

Yes.  Your mother can execute a release deed releasing her rights to you or a gift deed for her share in your favour.

P. Venu (Advocate)     01 June 2024

Your mother can execute a Will bequeathing you the joint-ownership in your favour. It is not necessary that a Will be registered,

Gaurav Kapadia   13 June 2024

Thank you, members, for your advice. I have learned that creating a will by my mother is a good option.


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