How can one transfer the co-owner rights of a property to another person for sole ownership?

Question asked by Mr. Mani Iyer from India:

Hi, My Dad and I are co-owners of a property. How can one pass over the rights to another for sole ownership? Do we have to re-register or pay stamp duty?
Thanks
Mani Iyer

 

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In case of non-declaration of will, who is the legal hire of a property after the death of parents & siblings?

Question asked by Ms. Esha Arora from Ghaziabad:

Dear Mam,
This is Eash. I live in Ghaziabad and I need your advice on Transfer of property. We are five Brothers & One Sister. We have a Free hold Land Approximate 350-400 Sq. ft. in Ghaziabad (Uttar Pradesh). The Land (Registry) is in name of my father & one of my brother. Except me rest of the brother & my father has been expired. My sister is also widow.
Please let me know, who is a legal hire of property is after death of Parents & Sibling in case of non declaration of willpower, the registry of properly was in name of my father & one of my brothers. How can I get the ownership transferred in my name? Please let me know who will be the owner of property after the death of our father. Please advise me what is to be done next.
I & my younger brother living in that property (House) from the day we purchased that property, now last month my brother died. Now my family & my younger brother wife & her daughter are living in that house.
Thanks & Regards
Esha
Ghaziabad

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What Does It Legally Mean When One’s Name Is Shown As A “Nominee” On The Property Documents?

Question asked by Ms. Yamini Mehta :

Dear Sir/Madam, I saw your real estate property advertisement in the news paper. I will very much appreciate your immediate reply in the following matter. I have following questions about Indian property – real estate and family or any other applicable laws and procedures in the state of Maharashtra (Mumbai), India.
If a married son owns a flat (apartment) in a Co-operative Housing Society in Mumbai and his mother’s name is shown as a “nominee” on the property ownership documents then what kind of legal ownership rights does the mother has in case of son’s death?
What does it legally mean when one’s name is shown as a “nominee” on the property documents? In this case, what kind of legal rights to the property ownership does the wife of the son has? (specially, if son is dead)?
If the son has a “Will” indicating that the ownership of the flat should go to the mother after his demise, can son’s wife still claim the ownership of the flat and get the legal ownership of the flat after husband’s demise? Or whatever is on the “Will”, will prevail over the property and any other applicable laws?
In other instance, if mother’s name is listed as a co-owner of the property (flat) along with son’s name, (that is, if mother and son are joint owners of the flat) and son dies; does the mother become the sole owner of that flat automatically? Or in this case, son’s wife can claim the ownership of the partial property (flat) which is on her husband’s name and can become the part owner of the flat? In the above matter, what is the best legal way to secure property on mother’s name (who is in ill health), so the property (flat) cannot go to son’s wife as an owner or part owner after son’s demise. Please reply soon this is an urgent matter.
Thanks.
Sincerely,
Yamini Mehta

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