Transfer of Property after death of 1st owner

T N VIJAYKUMAR (Querist) 29 June 2010 This query is : Resolved
We have a case where there are two joint owners of a flat a Mother and son duo. The Mother who was the first owner died before the share transfer could take place. There is a will left by the deceased but it does not mention the above property. There are other legal heirs of the deceased other than the 2nd owner. Now the 2nd owner the son wants us to transfer the shares in his name.

We have consulted a lawyer. He has told us to transfer the shares in the name of the mother as now deceased and the son in the joint names. At the time of sale the son will have to get a relinquishment deed or a gift deed from his bro. & Sis. Ur comments on this.

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Uma parameswaran (Expert) 29 June 2010
To sale the property relinquishment deed is necessary from the other legal heirs or all the legal heirs together can sale the property.

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