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Property transfer upon death of co-owner

(Querist) 16 April 2014 This query is : Resolved 
I need a guidance in following scenario:
A Flat 'F_New' is currently in the name of co-owners 'X' and 'Y'. The Sale Deed for flat 'F_New' does not contain share/interest percetage.
Now,name of the 'X' appears first and name of 'Y' appears second in the Sale Deed of the flat 'F_New'.
'X' has sold its self acquired(Solely possessed) property 'F_Old' and both 'X' and 'Y' have together purchased 'F_New'.
Moreover, 'X' made a WILL before purchasing 'F_New' and bequethed all rights
of 'F_Old' or any other property that 'X' may substitute in place of 'F_Old' or acquire/receive thereafter to 'Y'.
It is final WILL.'X' and 'Y' purchased 'F_new' after this WILL by 'X' got registered. Therefore, it does not contain reference to 'F_New' in the property listing done by 'X' in its WILL.
'X' is deceased. So, 'Y' is the only co-owner who is now alive.'Y' has a sister 'Z' who is married. Both 'Y' and 'Z' are legal heirs of 'X'. 'Y' is unmarried.
Could this property 'F_New' be entirely
transferred in the name of 'Y'? If not, then what should be done so that 'Y' gets absolute ownwership of 'F_New'?
P. Venu (Expert) 16 April 2014
There does not appear to be any problem unless the legality or the authenticity of the Will is questioned by any of the legal heirs of 'X'.
Hemant Agarwal (Expert) 16 April 2014

"X" may execute a duly registered relinquishment deed of any beneficiary rights in property (F-new) in favor of "Y".


Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
ajay sethi (Expert) 16 April 2014
relinquishment deed may be executed in favour of Y by the legal heirs of X
Rajendra K Goyal (Expert) 16 April 2014
Agree with the experts, relinquishment deed may be executed.
T. Kalaiselvan, Advocate (Expert) 16 April 2014
I think the author's statement which reads thus "Moreover, 'X' made a WILL before purchasing 'F_New' and bequethed all rights
of 'F_Old' or any other property that 'X' may substitute in place of 'F_Old' or acquire/receive thereafter to 'Y'." clearly indicates that Y is eligible to inherit the X's share in the F New property too by revisiting the words "X may substitute in place of F Old or acquire/receive thereafter to Y", will be sufficient that Y will become the beneficiary of X's share in the F New property courtesy Will executed by X in Y's favor.


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