Joint names
Amit Talreja
(Querist) 12 April 2023
This query is : Resolved
Hi!
I have a property with my names and my mother as the secondary name, she is deceased. She has 3kids including me 1 Girl and 2 Boys, the apartment is in Mumbai. What documents do I require to get from the remaining two in order to have it solely in my names.
kavksatyanarayana
(Expert) 12 April 2023
The property is in your and your mother's name. Your mother's half-share will devolve among all her legal heirs including you. The remaining legal heirs shall execute a relinquishment/release deed in your favour, then it will be solely in your name.
P. Venu
(Expert) 12 April 2023
What do you mean by 'secondary name'?
How has the property devolved upon you and your mother?
Please post complete facts.
Dr J C Vashista
(Expert) 13 April 2023
Get relinquishment deed executed and registered by siblings for transfer of their share in your favour, if they agree.
Advocate Bhartesh goyal
(Expert) 13 April 2023
Yes, after demise of your mother her share in property will devolve to her legal heirs equally so if you want to become absolute owner of property then get registered relinquish deed from your brother and sister.
T. Kalaiselvan, Advocate
(Expert) 14 April 2023
In order to get your mother's share in the property transferred to your name you may have to get the other legal heirs of your deceased mother to execute a registered release deed relinquishing their rights in the property, after which you will become an absolute owner of the entire property
Sri Vijayan.A
(Expert) 14 April 2023
Secondary Name!?
I presume that you and your mother are the joint owners and each have half share in the property.
Your mother's half share is devolved on all the 3 children.
Now,
You have your own 1/2 share and 1/3 of your mother's 1/2 share.
Your each brother has 1/3 of your mother's 1/2 share.
Your brothers can execute release deed, jointly or severally, relinquesing their shares to yourself.
The release deed has to be registered in SRO
