Transfer of property to nominee
Vaishali
(Querist) 07 November 2014
This query is : Resolved
Hi,
My husband is having nomination in the flat which is own by my mother-in-law. But my mother in law is physically handicap and bed ridden. So the committee members of the society suggested to transfer the flat to my husband's name so that he can participate in voting of the society and other matters. What is the procedure for the transfer & what will be the charges for it. I heard that as per law there is no need to pay transfer fees in transfer within blood relation. it is true? we are confuse about this.please help
Kumar Doab
(Expert) 07 November 2014
It is not transfer of ownership.
It is just to facilitate voting.
Ideally there should be no charges.
The society representative can obtain consent of owner in person with a copy to nominees.
Nominees are not owner.
The MIL should preferably write a WILL and register it.
Or if MIL is willing she can gift/transfer the flat.
In some states charges for gift in blood relationships is NIL.
A local lawyer can guide you.
ROHIT SHARMA
(Expert) 07 November 2014
1. The m-i-l can fill a form which is available with the society and make your husband as a nominee. This is lawful and does not need any charges to be paid. This is no instance of transfer of property. The nominee is not the true owner but retains the membership and can have his name recorded on the share certificate.
Rajendra K Goyal
(Expert) 07 November 2014
Transfer of flat by MIL is full of future complications / even expulsion from the flat.
She may request to allow participation to your husband in the society matters through power of attorney / letter.
Meanwhile she should execute a will.
ajay sethi
(Expert) 07 November 2014
transfer of flat in name of son can be by . gift deed . stamp duty and registration charges will have to be paid . however no society transfer charges are levied
ADV-JEEVAN PATIL, MUMBAI
(Expert) 07 November 2014
Ur nomination comes into effect on death of member. Do not try to transfer at this stage.Soc is ill advising. Thank God she has nominated u.
For further if u wish consult contact: 9869400938 Mumbai
Vaishali
(Querist) 08 November 2014
Thanks everyone for the help.
T. Kalaiselvan, Advocate
(Expert) 13 November 2014
