TRANSFER OF PART OWNERSHIP
Querist :
Anonymous
(Querist) 03 March 2010
This query is : Resolved
My husband died last year . He purchased a flat in his own name and registration was not done before his death. I am told that In my husband's absence I have 1/4th share, the other shares being held ny my 2 minor daughters & my mother-in-law. Now my mother-in-law wants to give her share in favour of my 2 daughters under the condition that the flat cannot be sold until my younger daughter reaches 21 yeras of age. Now my queries are:
1. How should this tranfer be done?
2. once the transfer is done can I register the flat in my & my daughters' name?
adv. rajeev ( rajoo )
(Expert) 03 March 2010
When there was no sale deed in your deceased husband's name, question of claiming share by all of you does not arise.
You do one thing directly get register the sale deed of the flat in your younger daughter's name. Otherwise you will have to purchase the flat in the name all your mother in law's name and again she will have to transfer that in your younger daughter's name by way of regd., gift deed or rights relinquish deed. un necessary expenses.
Even you can directly purchase the flat in you and your daughter's name.
