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ashok (ashok)     01 May 2016

Mumbai property - gift deed - husband to wife - society

Good Morning to all the Experts on the panel,

I am privileged to get expert comments in the past in the forum through several Experts in the field including Mr. Ajay Sethi.

I am a owner of a Flat in Co-operative Housing Society in Kannamwar Nagar, Vikhroli E, Mumbai .(Regn.1980). I have been staying in this CHS with my wife and 2 minor kids.

I wish to voluntarily transfer my flat to my WIFE though a GIFT DEED,  without any monetary consideration.

As on date, i have paid for the maintainace bill six months in advance and there is no DUES of whatsoever nature payable to the society. I have asked for a NO DUES CERTIFICATE,  AS ON DATE. 

May i ask if as per law Maharashtra CHS Act/Property Act is it necessary to obtain a No Objection Certificate (NOC) from the Society for the transfer of Flat by way of Gift Deed for zero consideration from a legal owner of the flat to his WIFE.

If statutorily required, may i ask for the copy /Govt. GR No. of the relevant CHS / property act

replyfrom experts will be highly appreciated.

Regards.

Ashok Shetty, Vikhroli East, Mumbai, Maharashtra.



Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     01 May 2016

1) To transfer flat by gift deed only Rs.200/- stamp is required as per circulat on 24.04.15 by state government of maharashtra. Pls find attachment as given.

2) Ther is housing society manule and bye law of society state that NOC is require for transfer of owner ship.

Thanks


Attached File : 346128 20160501121058 677113285 maharashtra stamp amendment act 201 24 4 2015 english.pdf downloaded: 243 times

Kumar Doab (FIN)     01 May 2016

Mr. Bharat has properly clarified.

ashok (ashok)     19 August 2017

Really appreciate your guidance Adv. Bharat Ji. Regards. Ashok

ashok (ashok)     19 August 2017

Really appreciate your guidance Adv. Bharat Ji. Regards. Ashok


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