(Querist) 27 June 2021
This query is : Resolved
I bought residential house 15 year back in ghaziabad with self bank loan and my father was joint owner (secondary owner) in property deed . I am the first owner in and repay the loan solely. My father demise and presently I have mother, 1 sister, 1 brother also. I want to be single owner of my flat as I paid all money . What is the best way to get it done so that I do not face any legal issue and I can own/sale the property alone . Please help . thanks
(Expert) 27 June 2021
You have to get release deed from other legal heirs for the shares of your father held by them on the death of your father.
(Expert) 27 June 2021
The residential house was bought by you and your father (though you have paid the loan) and hence you and your father are joint owners of the property. As your father died, you, your mother, and your siblings have equal rights for your father's half share in the house. So your mother and your siblings may relinquish their right over the half share your father to you by way of a registered deed. Or they may execute a Gift deed for their share in favour of you, but it is the best to go for registered relinquishment deed.
Advocate Bhartesh goyal
(Expert) 28 June 2021
It is immaterial that the Property was bought by your own money since it was purchased in joint name of you and your father so your father was owner of 1/2 share of property and he died intestate so ownership of his share devolve to his legal heirs I.e you,your mother,your sister and your brother.your mother and your siblings have to relinquish their respective share in Property by registered release deed
T. Kalaiselvan, Advocate
(Expert) 30 June 2021
Your father being a joint owner as per the registered sale deed, his half share in the property, upon his intestate death, shall devolve equally on all his legal heirs consisting you, your siblings and your mother. It is immaterial that you have fully funded for the purchase of the property or you had be repaying the entire loan amount, the other legal heirs cannot be denied their legitimate share out of your deceased father's share in the property. You can arrive at a compromise settlement with the other legal heirs and request them to execute a registered release deed relinquishing their rights in your father's share in the property with or without any consideration amount to be paid to them for this purpose. After that you can become an absolute owner of the entire property with clear and marketable title.
Dr J C Vashista
(Expert) 02 July 2021
Very similar to previous query. Legal heir-ship is called "Surviving Member" in Delhi, which is issued by Area SDM, some state have authorised Tehsildar to issue the certificate. I agree with the experts opinion and advise. Other 3 surviving members of deceased titleholder has to get joint Relinquishment Deed registered in your favour.