Ownership
Anamika
(Querist) 20 May 2012
This query is : Resolved
Hi,
The flat that we stay in presently is purchased on loan. To avail the said loan the flat was registered jointly in the name of my husband and his real aunt. She has two sons and one daughter. After marraige my name has not been added in the agreement.
Query:
1. What can be done to add my name in the agreement alongwith my husband????
2. Can I become the joint owner ???
3. a. In case his aunt dies intestate would her legal heirs have a claim on this flat ????
3. b. If yes, would an NOC from all the three suffice to make my husband the sole owner ??
4. In case of his aunt's demise would the entire right in the flat devolve on my husband automatically or it will involve her legal heirs ????
Now if she makes a will :
Can she bequeath the right in the said flat in my husband's name ?????
Regards,
Anamika....
Nadeem Qureshi
(Expert) 20 May 2012
Dear Anamika
as per your query, you can not join now.
she has a right in this property, due to legal right you should take a relinquishment deed from her with all her heirs.
Feel free to call
Adv.R.P.Chugh
(Expert) 20 May 2012
Dear Anamika,
Since the property is hypothecated to the bank in aunt's name the only way it can be transferred into your name is by taking bank into confidence. If they agree. Aunt can gift the property.
As regards NOC - it won't do - aunt would have to execute registered relinquishment deed - please not that if she dies intestate (without will and without gifting the property) her heirs would automatically succeed to her share of the property.
Regards,
Bharat
Advocate
adv. rajeev ( rajoo )
(Expert) 20 May 2012
You will have to become the joint owner along with your husband.
After the demise of aunt, her legal heirs can claim the share.
It is better to take regd., rights relinquish deed by the aunt, after her demise who knows what legal heirs will do
Shonee Kapoor
(Expert) 20 May 2012
I agree with Ld. Rajeev.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
JANAK RAJ VATSA
(Expert) 21 May 2012
talk to your husband aunt and go for the relinquishment deed from her and get it registered . this will pave the way for you to enter upon later
