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Property - My husband and my father in law Property - My husband and my father in law

2 years ago

My husband and my father in law jointly own a flat .I lost my husband a year ago .so I want to know what is the procedure so that the jointly owned flat is transferred to a single owner I.e. From father in law to daughter in law after sons death

Anik

Responded 10 months ago

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A.Dear client,
Your father in law can execute either a sale deed or a gift deed in your favour for transferring the property in your name. Gift deed is governed by section 122 of the transfer of Property Act, 1882
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Anik

Responded 2 years ago

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A.Dear Client,

As they were jointly owners of the flat, then a share of the husbands property will be in your name and if your father in law is willing to give you the property than he can make a gift deed in your name.
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Anonymous

Replied 2 years ago

Thank you

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Father-in-law has to execute relinquishment deed saying that his share of 50% is being relinquished in favour of his daughter-in-law as her husband is no more.
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Anonymous

Replied 2 years ago

Relinquishment deed is possible even if it is a self acquired property..?

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To give opinion, it is necessary to know whether your mother in law is alive or not because if she is alive, then in absence of Will of your husband, her undivided share in that flat has been devolved upon your mother in law, you and your children (if any).
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Anonymous

Replied 2 years ago

Yes she is alive and I don’t have any child..so wat can be done so that I become the absolute owner of the flat

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Advocate Sinjari Bandyopadhyaya

Replied 2 years ago

Mother in law has now become your co-owner in respect of your deceased husband's undivided share in that property, so the Registered Gift Deed has to be prepared accordingly.

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