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Transfer of ownership of flat in the absence of a will


22-Jan-2023 (In Property Law)
My parents owned a flat in Mumbai in a cooperative housing society. When my father passed away, my mother's name was entered in the share certificate as the owner. My mother too has passed away now and she left no will. But my sister and I are nominees to the flat. We have no other siblings. Do I need to provide any documents to the society to get the share certificate transferred in the joint names of my sister and me?
Answers (2)

Answer #1
693 votes
You will have to apply to the society for transfer of shares in your and your sister's name on the basis of the nomination and death' certificate of your mother.
You will also have to file appropriate forms jointly as per bye laws to become member of the society.
Regards,
Adv. Shrikant Bagade
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Answer #2
707 votes
Nomination is not a valid and legal transfer of ownership in the eyes of law
Once you have given the nomination and the person dies without any will, you only get the estate of the deceased as an administrator and not directly become the owner of the property
Ask the society if they need any documents and submit Accordingly
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