Ownership of residential property
Mr.AJ
(Querist) 18 January 2013
This query is : Resolved
Hello Experts,
I come to you with a query regarding a property in my family. Here is the situation:
My grandfather has 1 son and a daughter.
A year after my fathers marriage my grandfather constructed a house which was in my grandfathers name. My father lived there with my grandfather and my grandmother for 20 years. My aunt i.e. my fathers sister is located in Karnataka since before the above house was constructed as she got married then.
6 years back my grandfather sold the house and bought 2 flats, both under joint names of my father and my grandfather. My aunt and my father have a trust-relation and she has verbally said that she is not interested in anything from this residential property.
Sadly my grandfather passed away last month. My grandmother had passed away 4 years before. There was no Will prepared by both my grandparents.
Now the question I have is since my father is a registered joint owner in the 2 flats; does it automatically make him 'the' single owner of the property or does he need to take care of any formalities regarding it?
In case he (my father) wants to sell one of the flats OR make me a joint owner in the 2 flats in future is he required to take any sort of no objection certificate or permission from my aunt i.e. his sister?
Raj Kumar Makkad
(Expert) 18 January 2013
In the given situation, your aunt is owner to the extent of 1/4 share in both flats to which she is required to relinquish her rights in favour of either you or your father otherwise your father cannot become absolute owner as desired.
A gift deed can also be got executed by your aunt.
Mr.AJ
(Querist) 18 January 2013
Thank you very much for your reply!
