Adding my son as joint owner in flat
K D
(Querist) 24 December 2014
This query is : Resolved
Hi Dear All,
I had purchased a residential Flat in Mumbai with the joint name of my wife, Since my wife passed away last year the flat is transferred on my sole name.
Now i want to add my sons name as joint holder in flat.
what will be the procedure for that, can it be done via Gift deed ?
Please suggest me.
Regards
Isaac Gabriel
(Expert) 25 December 2014
I fit is Society,u can add your son as legal heir.Otherwise a gift deed will do.
Devajyoti Barman
(Expert) 25 December 2014
On death of your wife your son has automatically has become 1/4th shareholder in the flat by law of succession leaving the 3/4th to you.
Now apply for mutation of both of your names on the basis of death certificate and succession certificate, if needed.
Devajyoti Barman
(Expert) 25 December 2014
On death of your wife your son has automatically has become 1/4th shareholder in the flat by law of succession leaving the 3/4th to you.
Now apply for mutation of both of your names on the basis of death certificate and succession certificate, if needed.
Rajendra K Goyal
(Expert) 25 December 2014
If the son is only other legal heir of your wife, apart from you, he is owner and his name can be added.
prabhakar singh
(Expert) 25 December 2014
I SQUARELY AGREE WITH OPINION EXPRESSED BY MR. BARMAN.
Shailesh Kr. Shah
(Expert) 25 December 2014
your son is 1/4th owner of flat. proceed as advised by learned expert mr. devajyoti barman.
ajay sethi
(Expert) 25 December 2014
how was flat transferred in your name ? did your son execute deed of relinquishment in your favour . as advised by experts your son had 1/4th share in flat .
K D
(Querist) 26 December 2014
Thanks all for your kind opinions.
The flat was in name of me and my wife prior to her death. now the society has transferred the flat on my sole name based on Will of my wife.
I have 2 more married daughters also.
Further to it i don't have any idea about law of succession, is it suppresses the will of my wife ?
Now to add my son as joint holder of flat can a gift deed will be a proper solution ?
Reagrds
ajay sethi
(Expert) 26 December 2014
apply for probate of will . you can execute gift deed to gift 50%share of flat to your son .
Shailesh Kr. Shah
(Expert) 27 December 2014
as per will, you are sole owner of flat. if you wish to add your son name, you have to execute deed of gift.
K D
(Querist) 27 December 2014
Thanks all for your kind openion.
I had checked with the secretary of our society and as per him gift deed can not be executed for part, that means i can give the whole flat to my son via gift deed but i cant gift him 50% of share using gift deed.
is it true ?
Kindly Advice.
Thanks in Advance.
Shailesh Kr. Shah
(Expert) 27 December 2014
may be local law or bye-laws restrict the same. ask the secretary to show law/rules.
ajay sethi
(Expert) 27 December 2014
secretary is wrong . you can gift 50%of share in flat
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
You apply for that in writing and get his reply in writing after which you can decide further course of legal action. Better donot give information at piece meal basis if you want a proper opinion.
K D
(Querist) 29 December 2014
Thanks To all for your kind reply and suggestions.
I am closing this with the note that if my secretary will be able to provide me law/rule in written then its fine that i cant do it with Gift deed other wise i will approach some local legal consultant take his opinion to reconfirm and proceed further with preparation of gift deed
Once again thank you all for your kind co-operation and suggestions.
Regards
