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wxavtaz   29 March 2023

Transfer of undivided share between co-owners of joint property

Respected sir, with your kind permission, background of the matter is being elaborated hereunder -

1. An elderly person (above 70 years of age) has two issues - one son and one daughter.
2. Son is single. Daughter is married.
3. There are two self-acquired (not ancestral) properties - an apartment (elderly person, his wife and son reside there) and a shop (vacant).
4. Both are joint properties (undivided share) in name of elderly person and his son.
5. Because of age, the elderly person (father) wants to transfer his undivided share of joint properties in name of his son to avoid any legal complications in future.

So, queries are -
1. As the properties are in co-ownership, can father execute a Relinquishment Deed of these jointly owned properties to transfer the undivided share to his son?
2. Can father execute a Gift Deed of his undivided share?
3. In short, main purpose is to make son the sole owner of properties. So, what can be the best, proper and cost effective method to achieve sole ownership for his son?

Good advice is highly appreciated. Thanks.



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 2 Replies

Dr J C Vashista (Advocate)     30 March 2023

Answer to your queries is replied there itself that father's share is to be "gifted"  in favour of "son"

Relinquishment of father's share cannot be transferred by "father" himself during his lifetime. 

wxavtaz   01 April 2023

Respected sir, namaskar!
Thanks for your kind reply. So nice of you.
Because of consideration of cost, I would like to ask if there is some method for a co-owner to achieve sole ownership of joint properties by suit of partition?
Your guidance is highly worthy and appreciated. Thanks.


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