Transfer of membership of flat at mumbai from mother to son
viral mehta
(Querist) 13 February 2018
This query is : Resolved
We have flat at kandivali (Mumbai) which was in name of my grandfather.He had nominated Grandmother & father After death of my grandfather in Feb 2016 the flat membership was transfer to my grandmother.Now my grandmother desired to transfer the flat to my father and hence we made a registered gift deed and given for transfer along with all required form to society in May 2017.The Society Advocate even given his Consent for transfer of Share but till date the society has not transfer.After asking them committee member told to submit Indemnity bond , Advertisement in 2 leading news paper & Noc from all legal hairs.Kindly advise me that we have to complete this formality as asked by committee or we can go to Register for deemed transfer
Kishor Mehta
(Expert) 14 February 2018
Since the share certificate of the flat was transferred to the name of your grandmother by virtue of a nomination she became a trustee and not an absolute owner of the flat, she holds the flat in trust for the legal heirs of your grandfather. The Registrar has no legal right to interfere in your matter. Under the circumstances it will be advisable to follow the directions of the Society authorities.
viral mehta
(Querist) 16 February 2018
Thanks for the promp Reply