Advocate Shivani Chande

Questions Answered by Advocate Shivani Chande (25+ answers)

Q: housing society share certificate in Mumbai

me , my mother & my brother's name are on the society share certificate in mumbai. my deceased mother name has been deleted on the share certificate by the society. - doesnt that mean that the society has already processed the transmission of her share to her surviving co-owners. (me & brother). Society has endorsed the change on the back of the existing share cert. Kindly advise.

Advocate Shivani Chande answered
The deletion of your deceased mother's name from the society's share certificate and the endorsement made by the society indicate that the society has recorded the transmission of membership for its internal records. However, a society's records do not, by themselves, conclusively determine legal ownership or succession rights. The devolution of your mother's share will depend upon whether she left a Will, the nomination (if any), and the applicable succession laws. If your mother died intestate, her share devolves upon her legal heirs in accordance with law and not merely because her name has been removed from the share certificate. It is advisable to examine the share certificate, nomination details, and title documents before arriving at a final conclusion regarding ownership.

Q: Searching for the most cost effective way for ownership transfer

I wish to get a property present in Mumbai Suburbs transferred on my name. Presently the property is owned by my mother and she is willing to transfer the ownership in my name. My sibling is also ready to provide an NOC for the same. We are looking for the most convenient and cost effective way to get the ownership transferred. Kindly suggest.

Advocate Shivani Chande answered
Since your mother is the absolute owner and is willing to transfer the property during her lifetime, the most practical and cost-effective option is usually a Gift Deed in your favour. In Maharashtra, a gift between specified family members attracts concessional stamp duty, making it more economical than a sale transaction. The Gift Deed must be duly stamped and registered before the jurisdictional Sub-Registrar. Your sibling's NOC is not legally mandatory if your mother is the sole and absolute owner, but obtaining one can help avoid future disputes. Before proceeding, verify that the property has a clear title and is free from encumbrances.

Q: Release deed in favor of 2 brothers by 4 members of family mother 2 &

7 Family member Mother &2sister&2brother made release deed in favour of 2 brother for development of residential ancestors property. Made MOU that release deed is for property development .Mother made will that her share to her daughter's & registered same Mother 2sister 2brother signed released deed & made contributions also for development of property. If proerty is sold all are co owners or only 2 in who favours release deed in made.

Advocate Shivani Chande answered
Based on the facts stated, the answer depends on the exact wording of the registered Release Deed, the MOU, and your mother's registered Will. If the Release Deed absolutely relinquishes the rights of the mother and other siblings in favour of the two brothers, they may become the legal owners. However, if the MOU clearly provides that the Release Deed was executed only to facilitate redevelopment and not to permanently transfer ownership, the MOU will have an important bearing on determining the parties' rights. Your mother's Will can operate only to the extent of the share she legally retained at the time of her death. Therefore, whether all family members remain co-owners or only the two brothers depends on a detailed examination of these documents.

Q: Need to transfer the flat in my mother's name

Hi,We have a flat in Nashik, which is in the first name of my father, second name of my mother, and third in my name (son). My father expired in 2018. I want to transfer the flat in my mother's name.

Advocate Shivani Chande answered
Since the flat is jointly owned by your late father, your mother, and you, your late father's share will first have to devolve upon his legal heirs. The procedure depends on whether your father left a Will or died intestate. If there is no Will, his share will devolve as per the Hindu Succession Act upon all Class I legal heirs (such as your mother and children, if applicable). Thereafter, if you wish to transfer the entire property solely in your mother's name, the other legal heirs must execute a registered Release/Relinquishment Deed or Gift Deed in her favour. The society records and property records will also need to be updated accordingly. Kindly clarify whether your father left a Will, who all are the legal heirs, and whether the flat is a cooperative society flat or a registered apartment, so the appropriate legal process can be advised.

Q: ownership of ancestral property share

my father signed a document dividing ancestral property among we 3 brothers. our one brother took his share using that document in 1998 and i denied my other brother's entry in 1999 and he did not take any action and constructed 3 floors above existing structure in same year but i did not give him any notice in long time now if he asks , can i take his share of ancestral property.

Advocate Shivani Chande answered
No, you cannot automatically take away your brother's share merely because he did not take action earlier. The rights of the parties will depend on the nature of the document executed by your father, whether it was acted upon, possession of the respective shares, and other facts. Since the matter ⅞ over two decades old, issues such as limitation, acquiescence and possession may also be relevant. The documents should be examined before a definite opinion can be given.