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ASC (AM)     13 October 2014

Transfer on death - need urgent help

Hello All

I need a help.

We had 2 Flats in our bldg, Flat no 1. registered in my fathers name (where my mother is a nominee), and another flat(Flat no 2) where Me and My Mother our Joint Owners(Mother being 1st Holder). Recently my father died,so as my mother is a nominee in Flat no 1. which we have to transfer in her name. I thought of being added as joint/associate member along with my mother(where she is a nominee) in this Flat 1. But then we would be having 2 flats both jointly registered in our name.

Now i have 2 options, let this flat no 1,go in my mothers name and add me as a joint member (again 2nd holder)

or

Register Flat no 1 in mothers name in full and remove her name from the 2nd flat and i become the complete owner of flat 2.

 

Reason for doing this is, to get out of that clause of an assessee having 2 flats and provisions of Deemed let out property getting applicable.

I  need small help, whether the option 2 of removing co applicant name (joint owner) is possible, if yes the procedure for same, any link if can be referred to please update.

Pls update me on same



Learning

 3 Replies

reeti shah (lawyer)     13 October 2014

You can become owner of second flat only by your mother selling the said flat to you or buy gifting the flat to you. Adv Reeti Shah reeti@corpusjurislaw.com 9930285557

prakash chandra jain (proprietor.)     13 October 2014

my dear. after the demise of your father, your mother is onwer of flat no1. flat 2 is already in her name. she can transfer one of them to any body including you subject to the applicable laws such as stamp duty and registration. any transfer of pro perty more than 100 rs requires stamp duty& registration.if your mother or you are ready to carry out these obligations, you will be onwer of oneand will be free from deemed tenancy under IT act.prakash chandra jain advocate indore free to needy call-09826779759

Nilesh Hemant Joshi (service)     14 October 2014

Dear sir,

My Father is expired on 30th September 2014. He had one property at south Mumbai, 180 Sq. Ft. one Room with Pagadi system. My mother is also died last year. We are two brothers and the room is in the name of My Father. Now we want to transfer the the name of my Father to Me and My Younger Brother. We both are service man living at Dombivli. Our landlord had sell the building to the the Builder last year and now the Builder demanded Rs. 6 lakhs for transfer of property from my father to our names. Is Rs. 6 Lakhs is compulsory to give to the Builder for such transfer. Also what is the other procedure if we want to pay less amount with name transfer.

regards,

Nilesh Joshi. 

nileshhemantjoshi@gmail.com


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