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Sunil GIdwani

Sunil GIdwani asked a question

In case of joint property owner is expired? what is the procedure?
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Category : Property Law

views: 661followers: 2 answers: 2

We have a joint property and one of the property holder was expired. What is the procedure to transfer the property to the other joint owner?

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8 yrs ago
Advocate NARENDER MUKHI
Civil Law

The legal heirs of deceased owner should execute Relinquishment Deed in favour of the other joint owner

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9 yrs ago
Advocate Jhanak Singh
Business Law

If one of the co-owner of the property dies, then his property automatically devolves upon his legal heirs and not to the other co-owner unless the surviving co-owner is a legal heir of the deceased co-owner.

For example, if a property is jointly held by husband and wife (50% each), upon death of husband, the share of deceased husbands property will devolve upon the legal heirs of the husband (wife and children). The wife will become the sole holder of the property only if the children relinquish their share in their fathers property.

It is pertinent to take into consideration the relationship between the joint holders of the property since such cases are relationship specific.

If the co-owner is not a legal heir then the surviving co-owner may purchase the deceased co-holders share of property and accordingly execute a transfer deed in his name to give effect to the same.

If you require any further clarification in relation to the same, please feel free to revert.

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