Flat transfer on death of owner
chandu
(Querist) 01 January 2016
This query is : Resolved
flat is on joint name 1) mother & daughter in law name , mother died with nomination of her daughter in law son and daughter name and both was minor at the time of nomination, but now daughter in law wants of transfer 100% shares in her name.
as on date son is major but daughter in minor but they are ready to relinquish their right to their mother name without any objection.
sir i have following query
1. can on behalf of minor her legal representative can give NOC infaver of mother.
2. is society transfer form required in above case??.
3.
Kumar Doab
(Expert) 01 January 2016
It is believed that you are Hindu.
The property might be self acquired of deceased mother.
Nomination in housing society is not parallel route to succession.
The ClassI legal heirs of deceased mother are successors.
All of them have to relinquish their share.
Rajendra K Goyal
(Expert) 05 January 2016
For deciding sell / relinquish / gift etc. of the share of minor by guardian, permission of court is required.
T. Kalaiselvan, Advocate
(Expert) 09 January 2016
The minor's share or interest in property cannot be decided by any legal representative of the child including court appointed guardian, the court has to specifically grant permission for transfer of minor's share of property in the manner the court has passed an order on it.
