Transfer of property
kirti kelkar
(Querist) 15 February 2013
This query is : Resolved
The flat is in my father’s name. As per his will he wants to gift this flat to my sister and wants her to be sole owner of this flat. So I want to transfer this flat in cooperative housing society to my sister. But I am afraid she might sell this flat and would not have any place to stay. She does not want to add my name in the flat title and/or deed. I want to avoid the situation where she might sell the house. I want her to take my permission before she takes any decision on the flat. So how should I handle this situation?
prabhakar singh
(Expert) 15 February 2013
What do you mean by word "transfer"?
Who is /or/are owners of the flat?
Only mutation in society is desired or "transfer of interest of co-owners"is proposed?If "transfer of interest of co-owners"is proposed you can not legally put any clog on her title but in case it is restricted to mutation the same is possible through an indemnity bond from her with suitable recitals.
Get in touch of local civil law lawyer.
Raj Kumar Makkad
(Expert) 15 February 2013
You can make conditional gift to your sister containing the term that she shall not be able to sale or dispose off the flat in any manner during her life time otherwise the gift shall get automatically reversed and you shall become its absolute owner.
Rajeev Kumar
(Expert) 15 February 2013
I agree with Makkad Sir. Conditional gift can be made.
ajay sethi
(Expert) 15 February 2013
dont transfer flat to sister if you feel she will sell it off . if flat is transferred in your sister name then she may mortgage it also . allow her to stay in said flat without ownership rights
kirti kelkar
(Querist) 15 February 2013
The flat is in my father’s name. As per his will he wants to gift this flat to my sister and wants her to be sole owner of this flat. So I want to transfer this flat in cooperative housing society to my sister. But I am afraid she might sell this flat and would not have any place to stay. She does not want to add my name in the flat title and/or deed. I want to avoid the situation where she might sell the house. I want her to take my permission before she takes any decision on the flat. So how should I handle this situation?
prabhakar singh
(Expert) 15 February 2013
The flat belonged to your father who testate as of right by a WILL in her favor then who are you to poke your nose in any manner?
that is why i say never fall in haste?makkad ji? your suggestion other wise too is too much arguable.there can BE A GIFT WITH RESTRICTION OF TRANSFER BUT NOT OF THE MANNER YOU PROPOSE.BE HONEST NOT TO CHANGE WORDS"during her life time "
kirti kelkar
(Querist) 15 February 2013
I am not trying to be villian here but is actually trying to protect her since her mental condition is not good and she is taking treatment for it for her lifetime. So I am asking legal solution if you would.
prabhakar singh
(Expert) 15 February 2013
OKAY!
THEN OBTAIN A DOCTORS' CERTIFICATE AND APPLY FOR HER AS WELL AS FOR HER PROPERTY'S GUARDIANSHIP IN THE COURT OF DISTRICT JUDGE OF THE JURISDICTION.
