PANKAJ (ABC) 13 March 2011

Transfer of Property by one Joint Holder

Dear Sir,

I am planning to buy the flat in New Delhi. The flat is for two joint holders i.e. my father (primary holder) & myself (joint holder) . Only I will be paying the full amount throught home loan from the bank.

Please tell me that can my father transfer his primary holder ownership to any third party without my consent under any circumstances whatsoever (i.e. by his own consent / his will / automatic transfer (if he is not alive) / selling , etc )

Please tell me what all documents are needed so that the joint holder ownership remains with:

a) both of us ONLY , if both of us are alive OR

b) transferred to the SPOUSE of the person, who is not alive (i.e. if my father is not alive then me & my mother AND if I am not alive then my father & my wife )

Thanking you in advance

Regards

Pankaj Jain

Reply Follow

6 Replies

Abhishek Marvi (ADVOCATE) 14 March 2011

no, no one can sell the property without consent each other

Bharatkumar (ADVOCATE ) 14 March 2011

concent is necessary.

Hetal (Adovcate) 14 March 2011

Dear Mr. Pankaj Jain,

A co-owner can sell his/her undivided share in the property to the co-owner or any third person.

In your case also, your father can sell his share in the flat and then the purchaser will hold the undivided half share in the flat alongwith you.

Also, his share in the flat can be transferred to his legatee, according to his Will and if, there is no Will, then by laws of inheritance.

The only way you can control the ownership is by incorporating a clause of ‘Preferential Right to Purchase’ in the purchase document.

Hope, this makes your query clear.

PANKAJ (ABC) 14 March 2011

Thank you so much Mr. Abhishek, Mr. BharatKumar for your replies

Dear Mr. Hetal, thanks allot for this precious information. I will certainly try to get more information around this.

Thanks again

Regards

Pankaj

Harikrushna (ACS) 28 February 2012

A, Flat Holder, transferred ownership of the Flat to jointly in the name of Mr X & Mr Y, his Two Sons. Mr. X, One of his Son, bought house for him & has been staying new house. But Mr. Y , second son of Stayed at old house which was given by the his Father to both Children Mr. X & Mr. Y. Mr. X & his demand rent of old house from Mr. Y .

Is it fair in accordance with applicable law?

Has Mr.x right to accept rent of old house from Mr. Y for staying old property?

Can anybody give related case law & acts ?