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Joint Property

(Querist) 10 September 2010 This query is : Resolved 
Sir,
property i.e residencial plot purchased by sale deed in joint name of purchasers. that the sale deed does not disclosed the share of the co-owner of the property. that one of the joint owner by sale deed has died with out any will and left her two sons and one daughter. That the co- owner according to the sale deed of such plot is grant daughter of deseased. now the other LRs of for the property wants to transfer their repective shares in the favour of above said grant daughter of deseased who is also a joint owner of said property as per the sale deed.
My query is whether there is any possibity to acquire the whole share in property by the grant daughter through court on application under Benami transaction Act or the other sharer through registry or through declaration transfer the said share in their daughter?
what extend the other sharer are entitled to their share in the said property in which there was no stipulation or averment in the sale deed that upto what extend the co-owner has their share in the property?
Any other suggestion please.
Thanks


Regards
masood ausaf (Expert) 11 September 2010
where the share of the joint holder of the property is not mentioned in the deed, it is presumed that the both have the equal share. in case of the death of one share holder his legal heirs can relinquish their rights in favor of any one or more legal heirs through the Relinquish deed. Any one of the legal heir/shareholder can purchase the share of the other joint holder through sale deed. As far as the benami transaction is concerned the chances of winning is remote as the deceased in his life time never challenged the share of the other joint holder on the count.
Dinkar Vidyarthi (Querist) 13 September 2010
Sir,
In continuation of your precious reply as suggestion, I whould like to now that whether this relinquish deed has to be registered or it can be done only by the simple writing on the Rs. 100/- Non judicial stamp duly signed and notorized by public notary.


Regards

Dinkar Vidyarthi
s.subramanian (Expert) 15 September 2010
I agree with Mr.Massod. I would like to add that the release deed should be registered compulsorily.


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