LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dipak jain (sales manager)     12 July 2014

Flat transfer

Dear sir ,

 

I need an expert advice , I have flat in borivali west , and that is on my sister name , she just passed away at the age of 58 5 months back , unfortunately the nomination was not filed and there was no second name associated with ownership.

now we need this flat to be transfer on her husband name ( my brother in law ), we have submitted 

application 

death certificate 

ration card copy 

passport copy ,

 

the family stays in. USA , the society is  saying that they need declRation of their all daughters and son , whether they do not have any problem in this transfer and also need clean bonfire certificate of by brother in law 

 

please guide me what is the correct procedure and how to handle such situation to get transfer flat on my brother - in - law within law limit .

 

one of committe member also says the limit is only one year to transfer , else will go in arbitration 

please advice 

Dipak jain

9920434711 

 

 

 



Learning

 2 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     13 July 2014

 

 

Ans: Since family in US and she has siblings, Society need to have NOC from children of          deceased. Husband can claim  though his name is not nominated as nominee nor of        children.

 

        i) obtain NOC/Declaration from her children if the property is not ancestral but                     acquired by her or bequeathed by her parents/husband and not mortgaged.

 

       ii)Husband should give Undertaking  and Bond that in the event of any claim                         whatsoever on the flat shall be compensated.

 

       iii)  Death Certificate of your Sister

 

      iv) Husband should make application to the Society by executing all Transfer                         forms/formalities  enclosing above documents.

  

     iv)  Society must give reason of not transfer within 15 days. If they do not reply or transfer, contact on my available address  Mangalam  Thakur Complex Kandivali East  &  revert.

 

          Hope you are satisfied Dipak 

Adv.Jeevan Patil

 

 

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     14 July 2014

There is no question of limit  or barred by limitation after one year of the death of the deceased property owner.  Now since there is no nominee to the deceased, if the husband of the deceased wants to have the property in his name, all his children have to relinquish their rights in the property by executing a registered release deed in their father's name and also to submit a no objection certificate to the society of the flat premise in this regard, after which after complying with further necessary formalities, the desired transfer can be effected.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register