House ownership
BRIGADIER RM SHARMA
(Querist) 18 April 2015
This query is : Resolved
Dear Experts,
My uncle has two sons, both working in US. He purchased a house & got it registered jointly with one of his sons to be able to avail loan from bank. The loan was repaid by uncle. Uncle's son later gifted his share to his mother, my aunt, on a proper Gift Deed duly registered after paying the requisite stamp duty. Uncle has now expired. How can my aunt become the sole owner? She is staying in this house.
Shall be grateful for advice.
Regards
Dr J C Vashista
(Expert) 19 April 2015
Is there any other legal representative of the deceased? If yes, what about his/her share? Otherwise your aunt is sole owner.
BRIGADIER RM SHARMA
(Querist) 22 April 2015
My aunt has two sons. I think they are also equal share holders in my uncle's share of the property. Though presently they are not interested in this property, are unmarried and working in the US with no intention to return. However, one cannot be sure of change in future. That is why I think my aunt should take steps to secure her future. How can it be done?
T. Kalaiselvan, Advocate
(Expert) 29 April 2015
If there are no other legal heirs of the deceased other than the two sons who reside abroad, then both have to execute a registered released deed relinquishing their rights in the share of the their father in the jointly held property in favor of their mother after which she will become the absolute owner of the property.
