Arvind Gupta 10 February 2020

Registration of Sale Deed of Flat, by mother , jointly with her daughter

One new 2 BHK flat is purchased by me on my single name from a builder , but its Sale Deed is not registered so far and it has to be registered shortly.I want to add name of my married daughter,which is my only child in the Allotment Letter,for which builder is agree.After addition of her name in the Allotment Letter ,Sale Deed will be registered on our joint names.I presume that after my demise , she will be absolute owner of the flat.I request Learned Property Law Experts for their advices , what documentations will have to be executed , after my demise, by my daughter to obtain legal and absolute ownership of the flat.I do not want to write Will for the flat , in favour of my daughter.

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Shashi Dhara 10 February 2020

You have not stated that your wife is alive or not.in deed you can insert sentence that after your demise your daughter will inherit entire property and register it

Arvind Gupta 11 February 2020

My wife is alive and she wants to add name of daughter with her in Sale Deed

G.L.N. Prasad (Retired employee.) 11 February 2020

With due respect, it is always proper to bequeath such property through a registered will.

Shashi Dhara 11 February 2020

Yes you can do it also write will with it.

Real Soul.... (LEGAL) 11 February 2020

Just including your name in the sale deed will make you joint owners and your daughter won't be absolute owner after your death ..however you should make a registered will in her favour and that will make her rights absolute..

Dr J C Vashista (Advocate) 12 February 2020

Consequence of addition of the name of your daughter in "Sale Deed" being executed shall have different to what you are planning/ thinking and conceived. She will become joint owner/ co-sharer in the flat with you i.e., owner of 50% of the flat.

On your demise, other surviving LRs shall be devolved with 50% of your share, which shall include your daughter equally.

Dr J C Vashista (Advocate) 12 February 2020

It is advisable to consult a local prudent lawyer with relevant records for analyses, professional guidance and necessary proceeding.

Arvind Gupta 12 February 2020

Thank you very much Dr.Vashista Sahab for your very useful advice and guidance. Now I want to ask you, if my wife add "Joint Tenancy " in the draft of "Sale Deed"

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Arvind Gupta 12 February 2020

Thank you very much Respected Dr.Vashista Sahab for your very useful & informative guidance and suggestion.Now I want to ask you only one query , if in addition to the name of our daughter, my wife also add "Joint Tenancy" and after her demise,daughter will inherit entire flat, in the draft of "Sale Deed"being executed,whether my daughter will become absolute owner of the flat,after demise of wife.I will be only surviving LR at that time and will not claim my right in flat.

Arvind Gupta 13 February 2020

I again request all learned &experienced Legal/Property Law Experts , especially Dr.J.C.Vashista,Mr.Shashi Dhara,Mr.G.L.N.Prasada & Real Soul to suggest me best solution , other than to bequeth the flat through a registeted will.

Real Soul.... (LEGAL) 13 February 2020

Dear Arvind you can make agift deed .

P. Venu (Advocate) 13 February 2020

You are in too much of a hurry. The property is purachsed with your own funds. The prudent course is to get the registration done in your name. The property being self acquired, you can dispose it at your discretion during your lifetime.

Shashi Dhara 17 February 2020

Write release deed so your daughter will get clear title over it.

Arvind Gupta 18 February 2020

Respected Shashi Dhara Sahab.I am very much thankful for your advice.Please give detailed information about Release Deed,what is it ,how to execute and register it etc.?