Deletion of joint owner's name from the flat agreement
Kushal
(Querist) 22 June 2013
This query is : Resolved
I own a house property alongwith my 2 elder brothers whose names are mentioned in the Agreement as well as share certificate. However, entire payment is done from my bank a/c. I wish to remove my brother's name from the agreement with their consent so that in future, I dont require their sign/their legal heir's sign at the time of selling the flat. Suggest me a way out by which their names can be removed and the flat is in my single name.
Advocate M.Bhadra
(Expert) 22 June 2013
Removal of name is not easy process.It is seems that your instrument is not an Agreement,that is a registered Deed of Conveyance and if the same is in joint name then you should execute a registered Deed of Gift by your brothers.Otherwise they or their legal heirs can claim in future.
Adv Archana Deshmukh
(Expert) 22 June 2013
Ask your brothers to execute registered release deed in your favor.
Sudhir Kumar, Advocate
(Expert) 23 June 2013
Mere fact that you have paid that does not alter the fact that title is common. You exclusive payment can be your cleverness (or stupidity) for which they are not liable to suffer.
prabhakar singh
(Expert) 23 June 2013
"I wish to remove my brother's name from the agreement with their consent"
YOU CAN GET IT DONE IF YOUR BROTHERS EXECUTE A REGISTERED QUIT(RELINQUISHMENT OR RELEASE) DEED IN YOUR FAVOR.
R.K Nanda
(Expert) 23 June 2013
agree with experts.
Sri Vijayan.A
(Expert) 23 June 2013
If it is mere agreement, you can delete their name with their consent.
But if it is a registered conveyance deed, you have to ask your brothers to execute a release deed and get it registered.
ajay sethi
(Expert) 23 June 2013
agree with experts
Kushal
(Querist) 24 June 2013
Regarding this query,a partition has taken place between me and my brothers and this flat has come in my favour. So now, since my brother's names also appears in the flat agreement, I wish to remove their names so that only my single name appears in the agreement as well as share certificate. My brothers are ready to sign any document for this purpose. The proportion of holding is not mentioned in the agreement. So can the brothers gift me a nominal share, say 1% each?
Rajendra K Goyal
(Expert) 25 June 2013
If the brothers are ready to gift ,how nominal share is justified.
You Brothers may execute a registered relinquish right in your favor.
They may also execute registered sale deed in your favor.
Your brothers may file a suit against you in the court demanding their share. Later they can submit that in a family settlement, the flat has been given to you and they have no interest in it. Court if satisfied may decree the case in your favor. You can get the mutation in your name on the basis of decree.
