Ownership transfer of flat after death
sourabh
(Querist) 04 February 2014
This query is : Resolved
Respected sir
My question, i want to know process for transfer of ownership of flat after death.
Case is Flat is in the name of my grandfather in pune. He was deceased. His wife (my grandmother)was also deceased. My grandfather has two children My father And his sister. As my grandfather made nomination with society in my name, society transfer membership from grandfather to me. Now i want to know process for ownership transfer of flat from grandfather to my name so in future there should not be any problem to sale the flat. My grandfather doesn't left any will. My aunt is not interested in said flat.
Advice me
Devajyoti Barman
(Expert) 04 February 2014
Mere nomination of your name would not make you owner of the flat.
Check whether your grandfather has made any gift deed or Will in your favour. if yes then you can be its owner.
Otherwise your father and aunt have share in it and unless they agree to transfer the flat in your name , you have no right in it.
sourabh
(Querist) 05 February 2014
My father and my aunt agree to transfer. So pls tell me the process
Devajyoti Barman
(Expert) 05 February 2014
Get a deed of gift or deed of relinquishment executed in your name.
Dr J C Vashista
(Expert) 05 February 2014
On the basis of nomination the Society can transfer share of deceased in the name of nominee (in Delhi-but not sure in Maharashtra, please check).
If other LRs of deceased agree they should execute relinquishment deed in your favour.
Contact/ engage a local lawyer.
Rajendra K Goyal
(Expert) 05 February 2014
Get the registered relinquishment deed from your father and your aunt.
ajay sethi
(Expert) 05 February 2014
ALTHOUGH FLAT HAS BEEN TRANSFERRED IN YOUR NAME BY SOCIETY YOU ARE A MERE TRUSTEE FOR OTHER LEGAL HEIRS . BOTH YOUR FATHER AND AUNT CAN EXECUTE RELINQUISHMENT DEED IN YOUR FAVOUR
R.V.RAO
(Expert) 06 February 2014
yes,father and aunts (sisters of either of parents) can gift without attracting gift tax. so gift tax or relinquishment deed from your father and aunt is answer to your problem.
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
I agree with the experts opinion on the subject issue. The legal heirs on whose behalf the nominee has taken over the property which belonged to the deceased, have to transfer the rights and interests in the property as per law, then only you can become an absolute owner of the property.
sourabh
(Querist) 06 February 2014
My question to above is Where father and aunt can sign relinquishment deed in my favour as they are legal heir and not owner of flat. Flat As of today is in the name of my grandfather (who is deceased).
Is any other process need to do before executing relinquishment deed ?
malipeddi jaggarao
(Expert) 07 February 2014
No other formalities. The deed will be drafted suitably by local advocate or document writer and it is to be registered.
Rajendra K Goyal
(Expert) 07 February 2014
Agree, No other formality, get the deed drafted and register it with registrar.
sourabh
(Querist) 07 February 2014
So if i done with deed of relinquishment sign by Father and aunt, and register with registrar. I will sole owner of flat and have rights to sell flat in the future. Right?????
R.V.RAO
(Expert) 07 February 2014
yes.
after the flat rel.deed/gift deed registration in your name, mutate the same in your name in property tax /muncipal records,electricity and water dept. and in your flat owner's association records.
just take a latest EC also showing your name as owner.
In some states, The stamps and regn.depts made EC available on line also, through their websites.
then your ownership is absolute and you can sell without any hassles.
Devajyoti Barman
(Expert) 07 February 2014
Youa re already advised still you are posting the same thing again and again.
R.V.RAO
(Expert) 07 February 2014
yes Mr.Saurabh,as observed by
sri barmanji,pl. follow the advise and rest assured.
