Property name change procedure?
Ganesh Chowdhury
(Querist) 12 November 2012
This query is : Resolved
If a property is in name of joint holders and the first holder dies, what is the procedure for getting the ownership name change (and inclusion of another person's name as the joint holder)? Does it vary from state to state? I suppose that it does not involve any consent from legal heirs since it was in the joint name?
Please throw some light on it.
Ganesh
Devajyoti Barman
(Expert) 12 November 2012
What is the relationship between the co -owners?
If they are closely related then the other relative inherits the property of his share.
If the deceased joint holder leaves more than one legal heirs then all of them inherits his share in equal share unless any or all of them relinquish their share in favour of one sharer only.
ajay sethi
(Expert) 12 November 2012
where are you located . at least in mahrashtra on death of co owner of flat if co owner has left a nomination form society will transfer it in name of nominee subject to furnishing of indemniy bond . nomminee would be a trustee for legal heirs
Ganesh Chowdhury
(Querist) 12 November 2012
Thanks experts for replying.
well, the co-owners are husband and wife and they have 2 sons. The property (flat) is located in west bengal.
1. My main query is if the wife is there as joint holder, will the transfer require any will or succession certificate (assuming that the other legal heirs dont have any objection......and even if any of legal heirs have any objection, I guess such documents should not be required because otherwise what would be the purpose of keeping a joint holder!)?
2. Apart from the requirement of transfer of ownership (i.e the name), is there any other requirement (I read somewhere 'transfer of registration') in such a case?
3. On the basis of my research, I believe the following documents are required. If possible, please confirm it :
a. An affidavit on Rs. 10 non judicial stamp paper
b. Indemnity Bond on Rs. 100 non judicial stamp paper
c. Relinquishment deed on Rs. 100 non judicial stamp paper
d. Death certificate
e. Documentary evidence of relationship
f. Photographs and specimen signatures duly attested
Further, its not under any cooperative society. So, I guess that nomination thing doesnt apply here.
Devajyoti Barman
(Expert) 12 November 2012
1. The deceased joint holders half share would be divided among 3 equal shares. So unless the two sons relinquish their shares or gift their share in favour of the parent, the surviving spouse would not become the full owner.
2. Yes, registration of deeds as stated is mandatory.
3. Only the deeds mentioned above would be required. The list by you has no force of law.
