Querist :
Anonymous
(Querist) 14 November 2010
This query is : Resolved
I purchased house on my Grandfather's name and since he was retird employee, I bacame co-applicant / co borrower to get house loan from financial institue. Accordingly Grandfather's & my name was appearing on 7/12. I am the only nominee on Society's record. Repayment of house loan is done by me only. "Release deed" is made in 1997 in favor of me and is noterized but not registered in sub register's office. However, on my Grandfather's demise in 2003, an application along with death certificate, affidavit of my father & brother to transfer property on my name, was submitted to area Talathi. Upon this, Talathi has added my father's name and asking to add rest of Grandfather's successors name as well. My query is inspite of "Release Deed", will house not be transfered to my name ? What is the wayout ? Getting affidavit from successor's may create further complications. No 'will deed' is made by Grandfather.
Devajyoti Barman
(Expert) 14 November 2010
On the death of your grandfather- the co owner of the house, his other legal hers would succeed him with regard to his 1/2 share. This can be done way with only if the legal heirs execute and register a deed of relinquishment.After that you should not face any problem to have your exclusive right ,title and interest over the property.
s.subramanian
(Expert) 14 November 2010
Unregistered release deed is a waste. You have to take registered release deeds from all the co-owners as of now to have clear title.
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