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Transfer Of Flat

(Querist) 01 April 2009 This query is : Resolved 
In our society one flat is owned by Two real brothers Mr A & Mr B jointly. There are more real brothers & sister in their family. but Mr A & Mr B is owner of the said flat. Now Mr A wants to transfer or give his rights to Mr B (or vise-versa). Mr A has given simple letter to the society for transfer and asking for transfer. But we have enquired and came to know that on the simple letter the same can't transfer, for transfer Mr A has to prepare Gift Deed & pay appropriate stamp duty on Gift Deed than only society can transfer. Please guide me in detail in this matter.
Y V Vishweshwar Rao (Expert) 01 April 2009
The Flat in a Housing Society in which memebrs are share holders and memeber is enjoying the Flat as exclussively allotted to his share (as owwenr) , the Share transfer is contemplated, in the society & members owned Flats

A can give letter/Application to the Society for transfer of his share to B
In my view , in such case, no Gift Deed is required

The A & B Brothers are owners of the Falt , other brothers & sisiters how they are interested, details are not mentioned in your query
adv. rajeev ( rajoo ) (Expert) 03 April 2009
Instead of gift deed it is better to exeucte the regd., rights relinquish deed in favor of B which is economical.
Hiralal Das (Expert) 03 April 2009
I agree with my Ld. Friends.


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