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Transfer of share in capital property in chs mumbai

Querist : Anonymous (Querist) 01 June 2019 This query is : Resolved 
DEAR SIR/MADAM,I WOULD HIGHLY APPRECIATE IF LEGAL EXPERT SOLVE MY QUERRY
I AM THE CO OWNER OF THE FLAT IN CHS LOCATED IN MUMBAI SUBURBS,WHICH WAS PURCHASED BY MY MOTHER ,MYSELF AND MY BROTHER WE THREE ARE JOINT OWNERS OF THE SAME FLAT.NOW MY MOTHER GIFTED HER 33%SHARE TO ME BY REGISTERED GIFT DEED MADE IN NOVEMBER 2018 UNFORTUNATELY MY MOTHER DIED OF HEART ATTACK IN MONTH OF JANUARY 2019 WITHOUT INTIMATING ABOUT GIFT DEED TO SOCIETY.NOW WHEN I APPROACH SOCIETY FOR TRANSFER OF HER SHARE IN THE SAME FLAT SOCIETY IS ASKING ME TO SUBMIT SOCIETY MEMBERSHIP FORMS ALONG WITH NOC FROM MY BROTHER WHO IS THIRD CO OWNER OF THE SAME FLAT FOR MY 66% SHARE IN THE SAID FLAT AS PER GIFT DEED.MY QUERRY IS IS MY BROTHER NOC REQURED IN THIS CASE AND DO I NEED TO SUBMIT ANY CHS FORMS AS I AM ALREADY MEMBER/SHARE HOLDER OF THE SAME FLAT.. MY MOTHER HAS GIFTED ONLY HER SHARE OF 33% IN THE FLAT WHERE AS MY BROTHERS ORIGINAL 33% SHARE IS INTACT IN THIS FLAT.PLEASE LET ME KNOW WHICH FORMS TO BE SUBMITTED IN THIS CASE AND IS NOC MANDATORY FROM MY BROTHER.
THANKING YOU
Dr J C Vashista (Expert) 02 June 2019
As your brother is also co-sharer in the flat, you will have submit requisite information/documents.
Gift of 33% share shall limit the membership (after registration of Gift Deed) to two members instead of earlier 3 members, which has no relation to the demise of your mother.
Querist : Anonymous (Querist) 03 June 2019
Dr vashisht sir you mean supposed A B &C were joint holder now A has gifted her33%to B so after A B should get 66% and C share will remain 33%isn't it
But what is the formality of deleting A 's name in society records and Add B 'share of additional 33 %gift from A to be recorded in society record
kavksatyanarayana (Expert) 03 June 2019
Dear querist, as per society norms, the NOC from your brother and the required information shall be submitted.


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