Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

1. I have a house in Chennai that has been registered jointly in the name of my wife and myself. We have taken a bank loan in the name of my son. My wife expired and I now want to make a settlement deed for my son. Do I require a legal heir certificate for this purpose? Or can I gift it to my son? Do I require a bank’s permission to make the settlement deed?

Chennai

As the property was purchased in joint names, your wife was entitled to half share in the same. In the absence of a Will, her share will devolve on her legal heirs equally. Assuming you have only one son, the property is now owned by yourself and your son in the ratio of 75 per cent and 25 per cent respectively. You have to obtain a Legal Heirship Certificate to confirm the above position. If you so desire, you can settle your 75 per cent share in the property in favour of your son so as to make him the sole and absolute owner. You have to keep the bank informed of the transactions relating to the property. You may have to deposit the settlement deed with the bank in addition to the documents already in their custody.

2. I have a flat on the third floor of an apartment (1,380 sq.ft.) and also have garage space. The builder has stated the undivided share to be 650 sq. ft. I find that flats that are 750 sq.ft. in size have an undivided share of 600 sq. ft. In many cases I have seen that the undivided share has been notified to be more than 70 per cent of the flat area. Please clarify the basis for undivided share.

Chennai

It has to be ascertained whether the undivided share in land had been distributed equitably at the time of purchase. If sale deeds have been registered with any anomaly, it is practically difficult to correct the same as it requires the co-operation of all the owners as well as substantial stamp duty and registration charges.