Transfer of flat in joint owners name.
arun kumar
(Querist) 23 May 2015
This query is : Resolved
Sir,
One of my neighbor who is joint owner of a flat in co operative society seeking information on following points.
1) He is a Nepali who since his childhood working as a maid in the house of first owner who is a Parsi. After his marriage the first owner had purchased this flat and registered the documents jointly, in which Parsi being the first and Nepali being the second owner.
2) As the flat is in exclusive use of the second owner i.e. Nepali & The first owner is willing to transfer his share in the name of second owner i.e. Nepali. The first owner had made an RELEASE DEED in favour of the second owner.
3) The society is now objecting stating that this cannot be processed as both are from other religions and the release deed or gift deed can be issued to a person who is in blood relation.
Please provide remedy.
MAMTA
(Expert) 24 May 2015
Society cannot object subject to RELEASE DEED is registered and proper stamp duty is paid on deed. There are no restrictions as per Transfer of Property Act. Release Deed is one of the form of transfer the rights in immovable property by one co-owner/joint owner to other co-owner/joint owner.
Rajendra K Goyal
(Expert) 02 June 2015
The stand of the society is wrong and unjustified. Send notice and if no action, file case.
