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SRY (Businessman)     08 May 2023

What happens to a jointly owned property after death of an owner

1) A  property is owned by father-son jointly. After father dies, does the son become 100% owner by default or does the father's share goes to the mother. Are the new owners mother-son jointly? If yes, what kind of paper work is required to have this new kind of ownership documented?

2) A flat in a co-operative society is jointly owned by husband-wife. After the death of husband, what kind of paper work is required to transfer 100% ownership to wife? Is there some kind of transfer fees to be paid to the society OR stamp duty to be paid?

Both the properties are located in Pimpri-Chinchwad (Pune).

Thanks in advance!!

 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     08 May 2023

After the death of the joint owner, the share of the deceased shall devolve on the legal heirs of the deceased as per succession act  of their peronal law.  If you are one of the legal heirs to the deceased joint owner, you also shall be entitled to a share out of his share as a right.  If other legal heirs are willing to relinquish their rights in the deceased's share of proeprty, then they may have to execute a registered release deed relinquishing their rights in the property after which you can become the owner of the entire property.

2.  The same answer written above is applicable to this similar question

 

3 Like

kavksatyanarayana (subregistrar/supdt.(retired))     08 May 2023

Agreed with the advice of most senior expert Mr. T. Kailasevan sir.

Dr J C Vashista (Advocate)     09 May 2023

I fully agree with the expert advise of Mr. T Kalaiselvan, nothing more to add.

All LRs of deceased shall have their share as per personal law of succession.

SRY (Businessman)     10 May 2023

Thank-you everyone for sharing your advice... My doubts have been cleared so far hence please consider this thread closed.

T. Kalaiselvan, Advocate (Advocate)     13 May 2023

You are welcome for your appreciations


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