Nominee transfer

Nikhil (Querist) 14 November 2016 This query is : Resolved
Hello,
I am living in Sanpada Navi Mumbai (Cidco Flat). My father was expired in Nov. 2014. My mother is Nominee of the Flat. Society gives No Objection Certificate for transfer Flat. Then is there any requirement of hiership certificate to sell / Gift this Flat?

Follow Query

Report Abuse

Kumar Doab (Expert) 14 November 2016
Nomination in society is not parallel route to succession.

Legal heir certificate may be obtained for future use.

NOC has been given.

Relinquishment deed is better option.

Buyer may go for legal opinion and counsel of buyer shall advise his client and accordingly buyer can demand as per legal opinion.

Nikhil (Querist) 14 November 2016
How many days required for these process?

Kumar Doab (Expert) 14 November 2016
Your local counsel can opine on : Days,fee etc

Ms.Usha Kapoor (Expert) 15 November 2016
Agree with experts.

R.K Nanda (Expert) 15 November 2016
consult local lawyer.

Rajendra K Goyal (Expert) 15 November 2016
You can proceed with NOC. Meanwhile apply for heir ship certificate.

Other legal heirs can relinquish their right in favor of nominee.

This is not a time consuming process.

Ms.Usha Kapoor (Expert) 16 November 2016
.Agree with RK.Goyal

Guest (Expert) 16 November 2016
Premature question. Let the flat be transferred first, then ask this question.

Guest (Expert) 20 November 2016
The whole process is different in this matter .

CIDCO is Lessor Society is Leases of Land and your father was a member of society who was allowed flat .

Almost whole navi mumbai is owned by CIDCO .

CIDCO is Govt of Mahrasthra company whose goal is to establish new cities.

---------------------------------------

See Heirship certificate (is given under Bombay regulation VIII 1827) it is not generally required in your case.

Your mother is nominee transfer the shares

Most important thing

Visit CIDCO office and you need to take permission to sell the flat to outsider , Rules and regulation keep on changing without permission transfer is illegal and problematic.

Since city whole city is on lease this simple formality you need to do . And this standard forms etc. is in CIDCO office or zerox shops near CIDCO office.

You take permission of CIDCO which is easy formality and then transfer the flat to other person while transferring both your mother and you both sign

Don't take money in cheque , Do transaction in DD or RTGS

Guest (Expert) 20 November 2016
You will get all laws related to CIDCO here

http://www.cidco.maharashtra.gov.in/ProM_actsregulation.aspx

If you need easy ans. do post here but required to read in detail .

Guest (Expert) 20 November 2016
Transfering flats on CIDCO land you need to attach permission letter while submitting documents at registrar also .

You may be feeling one more formality and complexity but it is so in this case because Owner of Land is CIDCO.

All Directors of CIDCO are IAS officers so whole system acts as govt. dept there in my opinion.

Some Transfer fee too is required to be paid to CIDCO , This charge is additional to registration fee of document under registration act and stamp duty

Guest (Expert) 20 November 2016
Rightly advised by Madhu. No scope of any further advice

Kumar Doab (Expert) 20 November 2016
Mr. Madhu has given the weblink and it is good and appreciated.

It is always better read and download the process and procedure and forms and familiarize.

NOC/NDC is usual process in development authorities as well.

The process may look like complicated and time consuming but if the process is completed then there should not be objections and complications and wastage of time due to objections.

Mr. Madhu has been posting details to help the authors and querists.

Appreciated.

Rajendra K Goyal (Expert) 20 November 2016
May proceed as advised by the expert Madhu.

Nominee transfer

Similar Resolved Queries :