Flat transfer
Roland Noronha
(Querist) 31 December 2013
This query is : Resolved
My friends husband passed away two months back. The flat is in joint name i.e. Husband and Wife. The nomination has been given to the Society in favour of two sons.
The wife being the joint member of the Society has requested the Secretary & Chairman to do the transfer the flat in her favour.
She has given following documents:
1 Death Certificate in Original
2 Survivor Family Members Certificate
duly notarized (Heir Certificate)
3 Combined Affidavit by Wife and Two
Sons (NOC)
4 Power of Attorney by two sons in
favour of mother (Indemnity).
5 Form No.17 – Application for
6 Copy of Share Certificate
All that is to be done is that her husband name (First on the Share Certificate) has to be cancelled and wife's name which stands 2nd on the share certificate has to be retained with endorsement by the Society.
The membership fees of 500 and 100 respectively will be paid by cheque.
Please guide anything more to be done in this case.
Rgds
Roland
Devajyoti Barman
(Expert) 01 January 2014
The share certificate may be done in her name on the basis of those documents but in the eye of law she would not become the absolute owner of the flat unless and until her two sons execute a deed of gift or deed of Release transferring their 1/3 share each in favour of their mother.
ajay sethi
(Expert) 01 January 2014
society can transfer flat in name of nominee . since indemnity bond has been executed and nomination form is on society records no bar in society transferring flat in favour of nominee .
however if subsequently nominee desires to sell flat insist on relinquishment deed to be signed by the 2 sons .
Rajendra K Goyal
(Expert) 01 January 2014
Society can transfer the share of your Husband in your name. Submit relinquishment deed from both the sons.
T. Kalaiselvan, Advocate
(Expert) 01 January 2014
Here the nomination by the husband is on the sons' name,thus a Release deed relinquishing their rights as share holders by the sons in favor of their mother would be a better suggestion to transfer the title of the property on her name.
S.QAISAR ALI ADV.
(Expert) 03 January 2014
All necessary and sufficient papers have been place as mentioned by.Now society has a take appropriate step to transfer the flat in mother/widows name.
