1 Answer
Dear Anonymous,
Thank you for reaching out with your query regarding property registration and ownership.
Regarding your situation, if the agreement of sale mentions joint ownership but you wish to register the property in sole ownership, this requires the explicit consent of the other co-owner mentioned in the sale agreement. You cannot unilaterally change the ownership structure without their agreement.
Here are the steps you need to follow:
1. Obtain written consent from the other joint owner agreeing to relinquish their share in the property. This should be done through a properly executed deed.
2. Execute a supplementary agreement or an addendum to the original sale agreement, clearly stating that the ownership will be in your sole name instead of joint names.
3. The seller must also agree to this modification, as they are a party to the original agreement.
4. During registration, present both the original sale agreement and the supplementary agreement/addendum along with the consent documents.
5. Ensure all parties (you, the co-owner, and the seller) are present at the time of registration or provide their authorization through proper power of attorney.
Please note that if consideration has already been paid based on joint ownership, there may be financial implications that need to be settled between you and the other co-owner. Additionally, stamp duty calculations may be affected depending on whether the other owner is a family member or unrelated party.
I strongly recommend consulting with a property lawyer in person to review your specific sale agreement and ensure all legal formalities are properly completed. This will help avoid any future disputes or legal complications.
This response is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Please consult with a qualified advocate for advice specific to your situation.
Best regards