Transfer the flat with gift deed
Dilip G. Khavnekar
(Querist) 28 January 2014
This query is : Resolved
My Question on following points. Ref – P.S. Dhingra’s Answer
1)- Sale agreement and shares are in her maiden name as she was not married that time.
2)- In past ,She had submitted a application on Stamp paper (With name changed ) to withdraw her name from membership and transfer her rights to her parents , Society asked for the Marriage certificate, She refused to give and withdraw the application, but stamp paper copy was kept in the society.
3)-Now that lady and her parents who are also the joint member of the flat wishes to transfer the flat , to the brother , and she signed the gift deed in her maiden name and hiding from the society that she is married and having husband and a seven year old son.
In this case what precautions society should take ?
Devajyoti Barman
(Expert) 28 January 2014
She can not transfer more than her own share. if she is the joint owner of the flat then she can gift her half share
Rajendra K Goyal
(Expert) 29 January 2014
Better keep your subsequent query with the old thread.
Marriage, name change due to marriage or surname not preferred to change due to marriage does not effect the ownership / share in a property.
ajay sethi
(Expert) 29 January 2014
please post your query in same thread
Devajyoti Barman
(Expert) 29 January 2014
Ok,I believe it was repeated query which I did not notice.
R.V.RAO
(Expert) 29 January 2014
marriage does not affect property rights.
if she in fact is a joint owner
( ascertainable fact),then she can gift only her share of the property.
society may take a written legal opinion before any action
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
The property on her name can be gifted by her to anyone of her choice, if she is a joint owner, to the extent of her share. The name change after marriage will not play any role in this issue.
