Change of ownership of a house after death
Sneha Gopalakrishnan
(Querist) 01 December 2013
This query is : Resolved
My father and my mother are joint owners of a house in Kharghar. Post my father's demise I would like to get the ownership of that house retained solely in my mother's name.
Apart from my mother, my father has only 2 more legal heirs,i.e.,me and my younger sister.The society of that building is yet to be formed as it is a new construction and only few families have settled in there so far. Kindly let me know the procedure for the same.
malipeddi jaggarao
(Expert) 01 December 2013
Your sister will also have the share in the property. You can execute relinquishing deed in favour of your mother.
ajay sethi
(Expert) 01 December 2013
you and your sister have to execute deed of relinquishment in favour of your mother . it has to be duly stamped and regd . then request builder to transfer your father share in flat in name of yyour mother only .
Sneha Gopalakrishnan
(Querist) 01 December 2013
Wont any other procedure like a NOC by me and my sister on a stamp paper stating that we both have no objection regarding the same suffise? Because i suppose such a deed requires payment of stamp duty,etc for itz accomplishment.
I would also like to know whether there would be any hearings in the court that we need to attend for the same.
ajay sethi
(Expert) 01 December 2013
no court hearings . deed of relinquishment attracts nominal stamp duty in mahrashtra . better go in for deed of relinquishment .
Devajyoti Barman
(Expert) 01 December 2013
NOC would not do. You have to make Registered deed of relinquishment on payment of stamp duty.
Sneha Gopalakrishnan
(Querist) 01 December 2013
Okay.
And how much will the stamp duty account to?..does that have any fixed value or percentage? Kindly help.
ajay sethi
(Expert) 01 December 2013
since deed of relinquishment is made in favour of close family relative it attracts nominal stamp duty of Rs 200 under bombay stamp act
ajay sethi
(Expert) 01 December 2013
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 01 December 2013
A registered Release Deed relinquishing your rights and interest towards your respective shares out of the share of your deceased father in the house property which was jointly purchased by both your deceased father and mother, in favor of your mother and duly registered before the concerned registrar, will be the valid procedure to be adopted for making your mother as a sole owner of the property but after that you cannot claim any right over the property. The minimum stamp duty charge and the registration charges will be the only expenses towards this.
Biswanath Roy
(Expert) 01 December 2013
I advice you not to go for deed of relinquishment which may create complications in future. Better leave the matter as it is so that after the death of your mother you and your sister can be the joint owners of the flat by virtue of natural right of inheritance.
Rajendra K Goyal
(Expert) 01 December 2013
Agree with the expert Biswanath Roy, nothing more to add.
R.K Nanda
(Expert) 01 December 2013
agree with experts.
Guest
(Expert) 01 December 2013
If both the legal heir wants the property to be in their mother's name. File a suit for declaration by your mother in which you both relinquish your share, so the court will declare your mother as a rightful owner. On this base, she may apply to society as well as she may dispose it off.
Guest
(Expert) 01 December 2013
If both the legal heir wants the property to be in their mother's name. File a suit for declaration by your mother in which you both relinquish your share, so the court will declare your mother as a rightful owner. On this base, she may apply to society as well as she may dispose it off.
