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Deepak (Employee)     24 July 2016

Joint name in house property can create issue?

One of my friend has 1 brother and 1 sister, he purchased house on loan and kept name of his mother as joint owner for house and loan. Entire loan was repaid by him only (through his bank account). His brother has his seperate own house. What should be the formality/precaution he should take so that in future he do not face any claim from his brother or sister as his mother name is still joint name.

 5 Replies

saravanan s (legal advisor)     25 July 2016

if his mother dies intestate then her share (half of the joint property) would devolve over all her legal heirs.if you want to avoid this you can ask your mother to gift you her share or write a will in your favour

Kumar Doab (FIN)     25 July 2016

Prefer to register the WILL, if WILL is your choice.

Check if it is mandatory to probate the WILL at your location.


P. Venu (Advocate)     25 July 2016

A Will, even if registered, could be changed. A gift deed would be a better option.

JustAdvisor (IT)     25 July 2016

no doubt gift would protect your friend's interests better than a will. probably in my opinion all facts are not known. why mother was made a joint owner? did she contribute in any way towards the flat? so we don't know whether mother will be open for a gift deed. plus there are social and moral issues your friend will have to deal with in depriving your mother of ownership.

Kumar Doab (FIN)     25 July 2016

Mother has not paid any consideration for flat and contribution to loan.

An able counsel can draft a suitable deed.


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