Chs - process on transfer after death to the legal heirs.
Supriya Bhat
(Querist) 24 December 2012
This query is : Resolved
This query is with respect to a flat owned by my Father in Mumbai bought by him in 1982 in a CHS.
My father has recently passed away leaving my brother and me as his only legal heirs but no will was made. Our mother passed away in 2004.
A year ago, my father had nominated my brother as a nominee. My brother used to stay with my Father with his wife and three kids and continues to stay there.
I want the relationship with my brother to continue in a good manner as it has been till date. I am married and stay separately.
For the sake of my future security, I now want the flat to be divided in such a way that – 60% of the ownership is with my brother and 40% with me.
My questions are -
1. As it is little embarrassing to speak the issues in the family, I am contemplating to stay quiet till the time it is essential. Is this advisable? Would my rights be protected
2. If nothing is done for say next 10 years, what happens to my rights on the flat?
3. On the basis of the nomination of my brother, if the CHS transfers the shares in the name of my brother only, does this mean my rights are no longer existing? How do I get my rights in the future? What is a legal document which shows I am a coowner?
4. Is there any legal time limit to take action?
In case we manage to discuss the matter in the family -
5. What is the process to get the flat ownership transferred in our joint names in the above proportion?
6. Can we get the shares in joint names in this proportion of 60:40?
7. Is any stamp duty payable for adding two names instead of one only, if the nomination is only in the name of my brother?
8. In future what is a documentary evidence that 40% ownership is in my name?
Thanks for your advice.
ajay sethi
(Expert) 24 December 2012
society will transfer flat in your brother name on fulfillment of transfer formailites . noinee is only a trustee .
if you want share in flat inform your brother about it . if he is willing to give your share you will come to know . other wise apply for succession certificate from high court
R.K Nanda
(Expert) 24 December 2012
contact local lawyer.
Supriya Bhat
(Querist) 26 December 2012
Dear Sirs,
I am confused. You have said - Society will transfer flat in the name of my brother. So what documentary evidence am I left with? A documentary evidence is very important to me. What is that I ask my brother to do to have a documentary proof of me also showing a co-owner.
Please clarify the legal process and if stamp duty is payable.
I need to know the legal provision so that I can act accordingly. Thanks.
