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Vijay   27 June 2021

Title transfer

I bought residential flat 15 year back and father was secondary joint owner in registry deed. I am the first owner in deed. I took bank loan and repay back and close. I have the deed with me also. I have mother, sister and brother in family . I want to become the sole owner of my flat to avoid future legal issue incase of flat resale /own . please guide the best method to avoid family disputes in future.


Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     27 June 2021

Hello,

If your father is alive then your father can gift his share to you and thereafter you became the sole owner of property. 

If your father is dead then you, your siblings and your mother are the legal heirs of your father. First you have to apply for legal heirship certificate and thereafter your mother and your siblings can gift their share to you so that you can became the sole owner of property.

Vijay   27 June 2021

hello sir , My father expired last month without any will in writing . do i need < warisnama > along with NOC from mother and siblings. how to apply for heirship certificate.

Is sister also part of legal heirs as per UP rules . How much stamp duty will be applicable for gift registry .

 

Kevin Moses Paul   01 July 2021

As per your query, let me tell you that property held in joint tenancy, tenancy by the entirety, or community property with right of survivorship automatically passes to the survivor when one of the original owners dies. Real estate, bank accounts, vehicles, and investments can all pass this way. No probate is necessary to transfer ownership of the property. But, even though the survivor automatically owns the property, the society has no way of knowing that until the survivor "clears title" to the property.

Generally, all the surviving owner needs to do to clear title is fill out some simple documents and submit them to the proper office or agency.

Now, coming back to the doubt of whether your sisters are also holding part in property being legal heirs.
For this, you must know that as per the Hindu Succession Act (2005) amendments , Married daughters are given equal coparcenary rights at par with sons in ancestry or Father property ,whether it is House ,Land or Agriculture land property.

Thus, yes they'll be having right in the property.

Hope It Helps

Regards
Kevin M. Paul

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