Procedure for deletion of name of deceased joint owner of residential property under construction

Hi There,

See if the deceased co-owner was your parent or relative who has made a will in your favour, then according to Succession Law, the property can be claimed among the heirs. 

But if you are in ‘Tenants-in-common’ ownership then the property rights will be transferred to the person who has been named in the will of your co-owner.

To change the title of property in a joint tenancy, i.e. to remove the name of the deceased co-owner. You will have to file an application to the land registry. They will require evidence of death, i.e. death certificate or a will.

You will have to go to the office of revenue officer and submit an application to transfer title in the surviving co-owners name or surviving heirs name. Make sure to attach all the required documents.

Hope this helps :)

When a co-owner dies, removing their name from the property documents can be a confusing and complicated procedure. However, it’s required to keep a clear title to the property. What you’re required to do is transfer the property to the new legal owner. Now, let me tell you how to remove name from property in India in case of joint ownership:

First, you will have to determine the type of joint ownership. As Venkateshwar mentioned, there are different types of joint ownership of property. Since he has explained each of them well, I will help you understand them better with the help of examples:

For instance, if Ram and Shyam own property as tenants in common, and Ram dies, his share of the property won’t pass to Shyam, but instead will be transferred to his heirs or to his beneficiaries mentioned in his will.

For instance, if Ram and Shyam own property as a joint tenancy and Ram dies, then Shaym will be the new owner of the property. This will happen automatically and the property doesn’t go through the legal process with the rest of Ram’s estate.

For instance, if Ram and Sita are married and own property and Ram dies, ownership of the property will pass automatically to Sita, and she will be the sole owner of the property, even if she does not go through the probate process.

For instance, on the death of Ram (co-parcener), his undivided share in the property will get passed on to heirs and not to the other co-parceners.

As Venkateshwar mentioned, you will have to visit the office of the sub-registrar and submit the application form along with the necessary documents, like the sale deed copy, death certificate of the deceased co-owner, etc. This is how the removal of deceased joint owner name is done.

Related Answers:

This is how to remove name from property in India in case of joint ownership.

I have recently lost a loved one, so I understand that removing the deceased person’s name from the property documents is very painful. Owning a property in joint ownership is not uncommon in our country, so I know how to remove joint owner name from property. Read below to know about the process.

When 2 or more individuals purchase a property but don’t particularly specify the share that each has in that property, they have a ‘tenancy-in-common’. If any co-owner dies, then his property share doesn’t pass to the other co-owners but to the person mentioned in the deceased co-owner will. The inheritor becomes a tenant-in-common with the other surviving co-owners.

If two or more people buy a property at the same time in equal shares, then it is a case of a joint tenancy. If a joint tenant dies, his share automatically gets passed on to the surviving co-owners. However, all the co-owners should’ve taken the property possession at the same time with equal interests and in the same deed.

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This is a type of joint ownership by the wife and husband, with each owning 50% of the property. On the co-owner’s death, the ownership share gets automatically passed on to the surviving co-owner.

It is somewhat similar to joint tenancy but is possible only in a HUF (Hindu Undivided Family) structure. The same laws that apply to Hindu Undivided Family govern the coparcener ownership. On the death of the coparcener, his undivided share in the property gets passed on to his heirs and not to the other coparceners.

As Priety mentioned, you will have to go to the sub-registrar’s office with all the relevant property documents and death proof if you want to remove the deceased co-owner’s name from the property. I hope now you know about the joint name property transfer process.

Read more:

This is how to remove joint owner name from property.