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Transfer of flat to join owner

(Querist) 10 January 2015 This query is : Resolved 
Can a flat owned under a joint agreement by father and son be transferred in the name of the son after death of father particularly when father has not signed any nomination ? Is succession certificate necessary or merely an indemnity bond will do? Please enlighten.
Devajyoti Barman (Expert) 10 January 2015
If there is no other legal heir except the son then the son automatically becomes it sole owner. If there are more then they need to execute deed of Release or Gift in the favour of SOn to make him exclusive owner.
Indemnity bond has nothing to so with this.
Sailesh Kumar Shah (Expert) 10 January 2015
not necessary that after death of father, only son become owner of flat, if other legal heir also exist.
Rajendra K Goyal (Expert) 10 January 2015
After the death of father expired intestate, share of the deceased would go to all legal heirs. To get the share of father in the name of one son, release deed / gift deed from all other legal heirs required.


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