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Ranjit Kumar (edp manager)     08 September 2011

Co-owner issue

There is a flat which is jointly owned by a husband and wife, where the wife name is first and husband as 2nd owner. After the 2nd owners death (husband), what would be the procedure to transfer the name of 1 owner will it require any NOC? if yes, from whom?

Will there be any sort of transfer fees to be paid?

What sort of documents need to gathered or submitted from the CHS?



Learning

 6 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     08 September 2011

DEAR RANJIT,

PLEASE CLARIFY, HOW MANY LEGAL HEIRS ARE THERE. IF WILL IS THERE THEN YOU HAVE TO GO AS PER WILL OTHERWISE, AS PER SUCCESSION ACT,  MOTHER, WIFE AND CHILDREN WOULD BE SUCCESSORS AND BENEFICIARIES AS PER HINDU LAWS.

ALL LEGAL HEIRS HAVE TO EXECUTE RELENQUISHMENT DEED/ RELEASE DEED IN FAVOUR OF FIRST APPLICANT(Wife) so that property get mutated in her name. There is no need to get NOC from anybody else.

Regards

Rajiv Bhasin (Adv.)

Bhasin & Associates

9811210505, 9868635640

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 September 2011

I do agree with Bhasin. There is neither any expense involved nor any NOC is required. all legal heirs including his wife are entitled to inherit the share of deceased and if they all decide to get it mutated i favour of wife of deceased then they may do so as Relese-deed otherwise it is not required.

Ranjit Kumar (edp manager)     08 September 2011

Hi

Rajiv Bhasinji

thanx for the information  but i need more help like she have 2 child both of them do not have problem in transfer the property on mother name can u help me out what matter i have to write and how many day it  take to transfer because my mother in law want to sell the falt on urgent basis

with regards

adv. rajeev ( rajoo ) (practicing advocate)     08 September 2011

Whether children are minor or major?  mother's name will be entered to the property as Minor Guardian.  If they are major both will have to execute the rights relinquish deed in favour of the mother.

Ranjit Kumar (edp manager)     08 September 2011

thanx rajeev

both are major and married  what  deed  we have to do can u give me sample if possible it will be very help for me and how to do it  thanx

niranjan (civil practice)     08 September 2011

As all are heirs and have equal share in the property,they may relinquish their shares in favour of mother by relinquishment deed duly registered.


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