Adding my name to a residential property

You can ask your mother to execute a gift settlement  or a conditional gift settlement in your favour. By executing a gift settlement, you will become its owner instantly and then you may add your name as a member of the society.  A "WILL" is a document that will come into force upon the death of the person who executed it. The "WILL" will have to be probated , in order to bring it into force.

Thanks Vishnu for your promot response.

Should I still go ahead and obtain the NOC from the society?

Cheers

Brij

yes, you can get a NOC from the society or even if they don't give you a NOC , your mother can still make a gift settlement . This is a unilateral act of your mother and the society does not have any legal standing to direct how the members of the society , deal with their property.

Thank You again Vishnu Ji,

May I please request some format of what I should get on the NOC?

Thanks In advance.

kindly inquire with the society office and I'm sure they will help you in this regard.

You dont require the society NOC for your mother gifting the property to you.

Please note, however, that a gift deed will require payment of stamp duty and registration to be valid. The stamp duty to be paid on a gift deed is much lower than that on a normal sale.

Transfer by will is also easy but you will have to get the will probated by the Court.

Both of these will not require the society NOC. You seem to be more worried about the society NOC,

S Jadhav

The better option is gift deed. The stamp duty in A.P. is 1% on market value. Though it is expensive, the property will transfer to your name instantly.  If you go by will, it will take effect after the death of your mother,  in between if you mother changes her intention, she can writ the will on somebody's name.  Then you will be the loser.

NOC from society is normal procedure, nothing to worry.  Even if they do not give you can file a case/complaint against the soceity and get your work done.