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Poonam hakani (Freelance writer)     29 April 2010

Joint memeber name cancellation from society records

Dear sir,

My husband (First holder) and his younger brother (Second holder) are joint owners of the flat. My Brother-in law has given Gift deed to my husband wherein he surrenders his rights into property to my husband for consideration of Rs.25,000/-.

We want to add my name as second holder of flat. Also, we want to do nomination on my name along with my minor son. What is the procedure to remove name of my brother in law from all society records. We want all share certificates on my husband's name.



 4 Replies

V. VASUDEVAN (LEGAL COUNSEL)     29 April 2010

Step 1: For deletion the joint name, get the gift deed registered with the Registrar (stamp duty may be based on
              the latest market value slab - please check this out.

Step 2: After registration, provide the certified/notarized copy to the Society and ask for deletion of the name.

Step 3: Post deletion, the shares would stand in the sole name of your husband. If he is going to nominate
             you and your child, there is no need of addition of your name since it would entail further process
             and expense. Get the nomination form from the society and the register the nomination in favour
             of yourself and the child (mention the proportion of share in the nomination).

             Nomination form is in triplicate. When you give the nomination in triplicate, society will return you the 2nd
             copy as acknowledgement and post registration would return you the 3rd copy duly endorsed by the
             Secretary/Chairman or MC Member

Poonam hakani (Freelance writer)     30 April 2010

Thank you very much Mr.Vasudevan for your immediate reply.

Is presence of my Brother-in law necessary for Registration and stamp duty payment or any other legal formalities? He is not available right now.

Regards,

Amee

V. VASUDEVAN (LEGAL COUNSEL)     01 May 2010

It is necessary. In case he is abroad, a Special Power of Attorney may be executed by him in favour of  a person (other than the party beneficiary, viz. your husband) for execution of registration on his behalf. Please approach a

lawyer, who will properly draft it and get it duly notarised/registered. He would explain the procedure.

vasudevan

Poonam hakani (Freelance writer)     07 May 2010

Dear sir,

Our society is not yet registered. Do we still have to pay fees to Sub-registrar? Also, stamp duty and registration charges should be calculated upon what? i.e.whether to pay it to the extent of my Brother-in law's share in property or full amount of property?

Also is there any validity period for Gift deed?

Regards,

Amee


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