quesTitle Status for CHS flat under my mother's name

Our flat is a 2BHK. My father was a member of the CHS, and my mom an associate member. Unfortunately, they had to separate from each other. As a form of alimony, my father agreed to resign from the society, thereby making my mom the primary member. We were advised to do so by our lawyer, in order for my mom to own the entire flat outright. So my father wrote a letter of resignation (on plain paper) to our society secretary. He accepted it and gave us a new set of share certificates, in my mom's name. However, we didn't do any transfer of ownership at the Municipal registrar. And we now came to know, that the secretary neglected to keep any official record of his resignation letter. All this happened over 10 years ago.

Can we rightfully say that our titles are clear and ready for a smooth sale? We have been paying all the property tax ever since with no dues.

  • ansYour mother's title is not clear. Your father should have executed a gift deed in favor of your mother. The resignation letter on a plain paper is not sufficient to transfer the title of the above mentioned property.

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