Transfer of flat
Querist :
Anonymous
(Querist) 14 December 2022
This query is : Resolved
Dear Sir,
Father sold and transferred the Flat to Mother in the year 1987, and then after making sale deed, mother had nominated her 4 daughters before society by filing nomination.
Thereafter, mother died and society has transferred the Flat as per nomination to 4 daughters by making entry in share certificate.
Now that all 4 daughters again wants to transferred the said flat to their father...
In that case whether Release deed can be executed where all daughters shall release their share in favour of father.
Or daughters will have to executed gift deed in favour of father...
Please advise
kavksatyanarayana
(Expert) 14 December 2022
The daughters and father have equal rights over the flat, the daughters can relinquish their rights over the flat in favour of their father.
Querist :
Anonymous
(Querist) 14 December 2022
But father has not owner of the property as per nomination made by mother, 4 daughters became the owner of property..
Now dauther can release their share in favour of father when father is not owner of property...
P. Venu
(Expert) 14 December 2022
Admittedly, father had transferred the property to mother through a deed. But mother had not executed any such deed, but only made nomination. The nomination pertains only to the share in the Society, not the property rights in the flat.
As such, on the death of the mother, the property vests jointly with all the legal heirs including the father. As rightly suggested by learned expert Mr. Satyanaryana, other legal heirs can relinquish their rights in favour of the father.
Dr J C Vashista
(Expert) 15 December 2022
There are numerous legal implications involved in the facts of the case. Some of them are :
Whether mother was working or had some independent source of income to purchase the flat from her husband ? Why did he sell the flat to his wife, is it not a benami transaction.
I agree with experts Mr. Kavksatyanarayana and Mr. P Venu, the 4 daughters are just nominee for share in society wherein Society has no authority to transfer title of the flat in their (daughter's) favour. However, even if the daughters have acquired title they can relinquish their share in favour of their father, if desired / so required.
The author (an anonymous) has neither posted his/ her problem / concern nor locus standi to the facts stated, which make it a time pass query.
SHIRISH PAWAR, 7738990900
(Expert) 15 December 2022
Hello,
In my opinion, in the present case since the flat is already in the name of 4 daughters and now they want to transfer the flat in the name of their father and they do not have any dispute over the properties. So 4 daughters can execute the registered gift deed in favour of the father.
Advocate Bhartesh goyal
(Expert) 15 December 2022
I completely agree with experts P.Venu, Dr .Vashista and kavksatyanarayana. Nominee is only the trustee/custodian of deceased property and not the owner of property and has to handover the property to legal heirs of deceased. 4 daughters and father are legal heirs of deceased mother and if daughters wants to transfer their respective shares in property to father then better option is to them they should relinquish their respective share in property to father by registered relinquish deed.
SHIRISH PAWAR, 7738990900
(Expert) 16 December 2022
I also agree that nominees are the trustees. It is settled law. Therefore I stated that there is no dispute between the parties with respect to the flat.
In that respect, if they want to register the names of all the legal heirs then, they have to get the legal heirship certificate from court, for this purpose they have to send more money and it is time-consuming.
Therefore I suggested that, 4 daughters can execute the registered gift deed in favour of the father. This will be fastest and relatively very cheap way to transfer the flat. They have to only pay for nominal stamp duty and registration charges.
And this is also one of the legal procedure in the present case.
