Transfer of property
JAVANIKA
(Querist) 26 November 2012
This query is : Resolved
I have purchased one flat with joint name of my mother on 2006. I added my mother name for loan purpose only and I had pay all the instalments of home loan from my own income wih all proof and also deposited the same in my name also. But now My mother want to shares in flat as I have share certificate with both name in society. And I have 2 brothers and 1sister (married) so please guide me what can i do for transfer of my flat into my name. please do the fast its urgent and Home loan is also running and will be closed on 2026.
ajay sethi
(Expert) 26 November 2012
your mother is joint owner of the flat . unless your mother sellor gifts you her share flat cannot be transferred solely in your name .
Anirudh
(Expert) 26 November 2012
Since you have added your mother's name for loan purposes (to justify the quantum of loan based on her financial strength), the bank will be reluctant to remove her name from the array of borrower, unless you now produce your financial strength to justify the entire loan amount.
Devajyoti Barman
(Expert) 26 November 2012
Unless your mother willfully relinquish her half share in your favour or gift the same in your name. she continues to be its joint owner.
She is your mother, be patient with her.
JAVANIKA
(Querist) 26 November 2012
Thanx to all,
But if the Bank will help for reluctant to remove mom's name but the Share certificate has two name of both of us. So what will the resolution. whether society will ready to remove the mothers;s name.
Mr. Devajyoti Barman I know she is my mother and I can do anything for her but she do very harmful with me. (I cant explain it)
V R SHROFF
(Expert) 26 November 2012
U can't change name / ownership without her written consent, willingly & voluntarily,
No short cut.
who paid loan and who earn & all that is immaterial.
Devajyoti Barman
(Expert) 26 November 2012
Whether Society removes her name or not, she continues to be its joint owner.
Mother can never be harmful to her child. Introspect whether you have made any mistake or not.
Raj Kumar Makkad
(Expert) 26 November 2012
Instead of going into the relationship of the querist with his mother, I directly come to your question and according to my opinion, you individually without the consent of your mother cannot get the name changed. If you persuade your mother, she may make gift of her share in the property favouring you otherwise she is lawful owner of 1/2 share.
