Housing society flat transfer in mumbai
rashmikant shah
(Querist) 12 March 2013
This query is : Resolved
sir,
I am the secretary of my co.op. hsg.society in Borivali-east.I have querry regarding transfering flat to nominee after demise of second ownwer. At present flat is in name of elder son & mother . Mother passed away a week ago. Nomination 100% in the name of younger son. My questions - 1.Can we delete name of second owner & put name of younger son? Do we need two nomination forms for joint owner ? what precautions do we have to take in such transfer ? Mother has left behind will giving her younger son 100% share. Please help us in resolving issue.
ajay sethi
(Expert) 12 March 2013
mother can only bequeath 50%of her share in the flat . she was merely a joint owner of the flat . based on nomination made by mother the flat will stand in the name of elder and younger son .
ask son to furnish indemnity bond in favour of society . make application for transfer fill in formailites . if he objects ask him to obtain probate of will
M V Gupta
(Expert) 13 March 2013
Agree with Mr. Sethi. As the nominee is the same person both under the will as also in the records of the Society u may add the name of the younger son in place of the mother after receiving all the documents prescribed in the bye laws. Also ensure the parties submit a true copy of the will duly certified as true copy by both the sons.
Pradeep MK
(Expert) 13 March 2013
As per the Indian succession Act for wills executed at Mumbai for the property situated at Mumbai if will is executed out of Mumbai probate is required. Based on the will executed by mother to transfer the 50% share in favour of the son ask the son to produce probate
Raj Kumar Makkad
(Expert) 14 March 2013
If the property is situated in Mumbai and will has been executed at some other place even then probate is mandatory as the place of the will has nothing to do with the requirement of the probate for the properties situated in Mumbai.
