Transfer of flats
Theresa Margaret Dsouza
(Querist) 05 July 2014
This query is : Resolved
We have two flats in an very old building which is vacant and whose builder is not known. Its on puggadi system. we used to pay maintenance to the old builder long long time ago, but now we are not paying any maintenance as we do not know the owner. Old builder refused to take maintenance as he had sold the building to another builder. The flats were on my in laws name nominated to my husband.My in laws passed away and I lost my husband this year. Please let me know how can i transfer these flats in my name. Is there any possibility to do so. I have old Electricity bills on my in laws name and have no other document. Kindly advise.
ajay sethi
(Expert) 05 July 2014
for transfer of rent receipt in your name you need landlord consent . your in laws were mere tenants . you cannot become owner of the 2 flats
Devajyoti Barman
(Expert) 05 July 2014
Try get rent receipt issued in your name.
Tenancy is inheritable and on death of your husband you becomes tenant.
However you can not become its owner unless landlord so wishes.
Rajendra K Goyal
(Expert) 05 July 2014
Try to get the rent receipt in your name from the present landlord.
Advocate Ravinder
(Expert) 05 July 2014
Once the Building is completed, the builder has no role in the property. The society will come into picture. You have to pay the maintenance to the Society.
You said that the flats are in the name of your in laws and your husband was nominated to the flats. Nomination does not create complete rights in the property, he is only a trustee to the flats. There might be other legal heirs (apart from your husband) to your in laws. They may claim the rights in the flats. Take release deed from them releasing their right in your favour.
Then the whole property will be yours. By showing the title documents apply for transfer of membership before the Soceity and change your name in the records of Soceity. Then automatically all the bills i.e. rental receipts, electricity bills etc will be changed. For more explanation contact me ravinder2345@gamil.com.
T. Kalaiselvan, Advocate
(Expert) 06 July 2014
Getting the rent receipt on your name will be a solution for the present and further issues can be followed up on the same line.
