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Mihir..... (Wealth Manager)     09 May 2011

Transfer of Flat

I live with my father. My mother is no more. My elder brother lives separately. My father pass away intestate. But he has put my name in the nomination of the flat 100% share. My name has been put in the society share certificate.
Now I want to transfer the flat in my name. My brother is not asking for any share.

what can I do to transfer this flat with minimum expenses?

Should I go for obtaining succession certificate? or get a release deed executed?

Which one is more expensive? What should I do?

Thanks in advance.



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 May 2011

Mere nomination does not give absolute rights over the property.  You can do one thing you can get regd., rights relinquish deed from your brother and other legal heirs of your father i.e, sisters if you have. 
 

Bharatkumar (ADVOCATE )     09 May 2011

Nomination form is very important documents for u but u registered a declaration / affidevit of your brother for wave his right from this property and u r abesolute owner of this property then he give a application with this registered declaration and then your name is enter in the society record.

Mihir..... (Wealth Manager)     09 May 2011

Consultant is saying to prepare succession certificate which will cost of around 45,000 arppox

And if I get release deed from my brother, I may have to pay stamp duty and registration fees, I don't know how much?

I don't want this to be very expensive.

Mihir..... (Wealth Manager)     09 May 2011

I have only one brother - legal heir, and he is willing to release his rights.

Mihir..... (Wealth Manager)     09 May 2011

My name is already on the society share certificate, society bill is coming on my name now.

mukesh sharma (proprietor)     09 May 2011

Respected Sir,

my big son buy the flqat on 2008 at mira road-mumbai with joint name of mother.

present cost rs.21 lacs. now he want to give his 1st owner rights to elder brother  , 2nd owner mother as it is .

what are the easy procedure for this transfer right 1st son to 2nd son. what about tax, any gift tax, any stamp duty, registration requriment or not. plase advice complete brief and oblige me.

Thnaks,

mukesh sharma, mira road, mumbai

Bharatkumar (ADVOCATE )     12 May 2011

Hi, Mukesh, U sale your 1/2 share to your elder brother and registered a sale deed at registrar office and pay a stamp duty and registration fee for that u contect Sub-Registrar.

OR

U registered a  Gift deed (1/2 share) in favour of your elder brother and registered this gift deed at sub-registrar office for that u pay stamp duty as per actual rate of your area decided by government authority and registration fee (nominal charge) for that u meet sub-registrar office.

 

 

 

karinabartram (klhgy5ryt)     13 May 2011

A member who desire to transfer his flat in the society has to give 15 days' notice to the secretary of the society. This has to be done in a prescribed form whereby he has to state his intention for doing so.

 

______________________________________

Miami Real Estate Attorney | Real Estate Attorney Miami

Mihir..... (Wealth Manager)     13 May 2011

In the society, I have already obtained the membership. My name is on the share certificate of the society. The society bill comes in my name.

Now I want to obtain the ownership of the flat. I am not yet the owner. I am only a trustee to the flat. My brother has no objection in me owning this flat. I don't want to go for succession certificate as it be very costly affair. Someone told me I can get my brother execute a release deed, but I don't know if it is enough and how much stamp duty and registration fees is payable.

Kindly advise. Thanks


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