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Author Topic: Mother was coowner and she passed away  (Read 267 times)

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Offline kkrk

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Mother was coowner and she passed away
« on: May 02, 2018, 07:46:55 PM »
I purchased a flat in Thane in 2012 and added my mother as a co-owner. She has now passed away. Can I become a sole owner of the property now? Or can my only brother also claim the ownership? I am paying all the EMIs for the flat. To get rid of such problem, can I immediately sell the property? Do I have to obtain any NOC from my brother for this? Can anyone explain the procedure for me becoming the sole owner and also for selling the flat?

Offline advjaibansal

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Re: Mother was coowner and she passed away
« Reply #1 on: May 03, 2018, 12:06:01 AM »
Dear Sir,

ON the demise of your mother, you cannot become the sole owner of the property. All the legal heirs after your mother, will have the right in the property. You may however sale the property after taking NOC from the legal heirs of your mother except you.

For selling the property, you need to obtain NOC and then sale the property.

For becoming the sole owner of the property, you need to execute relinquishment deed from other owners in your favour for their share in the property.

jai bansal
Advocate, New Delhi
Supreme Court of India
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