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Akash (XYZ)     21 August 2014

Transfer of flat in coop society

I am seeking advise on the easiest way to transfer a flat in a cooperative housing society in Mumbai.

My mother and father jointly held a flat in a cooperative housing society in Mumbai. The share certificate shows my mothers name first and  my fathers name second.
My mother passed away a few months back.  There was no nomination made.

What is the process to remove my mother's name from the share certificate and have my father as the sole owner of the flat.

Request your learned advice.



Learning

 6 Replies

Dr J C Vashista (Advocate)     21 August 2014

Submit an application to the Secretary of your society supported by death certificate

Dr J C Vashista (Advocate)     21 August 2014

Submit an application to the Secretary of your society supported by death certificate of your mother, for necessary action.

Akash (XYZ)     21 August 2014

 

Thank you for your valued opinion.

Once the flat is in my fathers name, then can he make a valid nomination?

Eventually my father would like to sell the flat, would there be any issues that the buyer could raise? Would the buyer need any N.O.C from the children?

Dr J C Vashista (Advocate)     22 August 2014

1. Yes, your father must make a nomination.

2. No NOC is required to be taken since the flat is his self-acquired property and he can dispose it of as per his choice. 

T. Kalaiselvan, Advocate (Advocate)     25 August 2014

Since the property was jointly owned by your parents, your mother's share in the property will devolve upon all her legal heirs which included yourself, your brothers/sisters and your father.  Therefore, if  you want the entire property to be on your father's name alone, all your brothers and sisters including you have to relinquish your rights in the property by jointly executing a registered release deed in his favor subsequent to which he can sell it as an absolute owner or else all of you have to jointly execute the sale deed in favor the prospective purchaser, any other method than this will be considered as invalid.

Akash (XYZ)     26 August 2014

The idea of buying in joint names was that when either person dies, the property gets automatically transferred to the other joint holder without having excess legal formalities. The release deed would be more expensive. Can we just give noc to society and get it transferred to my fathers name. My father and my mothers name are on the flat. I don't understand why the children need to relinquish rights, when the flat belongs to my father as he has bought with his money.

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