Anil (None) 20 April 2013

Transfer of ownership in joint property

Hi..I have a question reagrding the transfer of ownership of a property under joint name (Mother & Son).

Myself and my mother have joint ownership in a residential property in Noida. My mother has passed away and my question is related to the transfer of ownership of her share. Would it be a transfer to myself by default.

other information-

* No Will or 'delinquish of shares' is available from my mother

* It is not an ancestral property

* Other members in family: Father & a younger brother

* I have moved to another country due to work commitments and taken the citizenship of another country (still have 'Overseas Citizenship of India') - property was acquired before moving as a resident of India

Thanks.

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 20 April 2013

The share of your mother will not get transferred to you by default as you think. The share of your mother shall devolve by intestate succession upon you, your father and your younger brother equally, i.e. your father and brother shall now get 1/6th share each and your share now will increase from 1/2 to 2/3 in the total property.

Advocate Suwarna Jadhao (-) 20 April 2013

Hello sir,

The property will not be transfered by default, u will have to make an application alngwith death certificate of ur mother, for mutation of ur names on the share of ur mother. Now as she have died intested u, ur borther and father have inherited the property of ur mother in 3 eaual shares. If ur father and brother do not wish to have their share , than they can execute a relinquishment deed in ur favour and thereafter u alone will be the owner of the said property.

Adv. Suwarna Jadhao

Nagpur

Transfer of ownership in joint property

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