Transfer of an apartment in housing society

792 votes

If you have the ownership documents with you, it will be easy to transfer the ownership to your mother's name. You need to file a testamentary petition in relevant court and get the clear title. In the Petition you may give consent and the property may be put up in your mother's name. Ensure, If you had a clear title before.

You may contact me if you have any query.

Advocate Varun Vij LawRato

821 votes

Make a Deed of declaration or Release Deed ijn the name of your mother and registered it at respective jurisdiction of Registrar Office and summit certified copy of same to the society chairman / secretary with the intimation letter asking for transfer the rights and shares of said property to your Mother's name .

Nomination does not mean to ownership of the property as per Law. so it make no difference. Please do immediately as briefly suggested above.

Advocate Sanjay Nana Ranpise LawRato

827 votes

I sensed by your question that this property owner was/is your father.

You mentioned that you want to transfer the right of ownership.. my answer to this, as per law you doesn't have direct rights to transfer the same.

But don't worry.. though your society lost the nomination you survivors may claim for the succession. As you want to transfer rights to Mother, other survivors give the no objection and claim for the nomination in the name of mother.
It's a very simple procedure, just appoint a good lawyer, your work would get done properly perfectly....

Advocate Sheetal Pawar LawRato

615 votes

Dear Sir/Madam,

Firstly heartfelt condolences to you and your family. As far as the transfer of ownership onto your mother's name is concerned, Firstly I am assuming that the property is the Flat and is a part of a housing society, since you have mentioned that the nomination is lost by the society. Normally you may request the society to allow you to submit the acknowledged copy of the nomination given to you by the society and act on the same by submitting requisite forms and applications and request the society to transfer the shares onto your mother's name (again assuming that your father had made your mother as nominee in the said nomination). You can also adopt requisite procedure and obtain appropriate orders from the concerned court to transfer the right of ownership onto your mother's name.

Advocate Vishal Pattabiraman LawRato

743 votes

if the ownership is only in name your father and there are no disputes then you can follow the said procedure

When there is no dispute, following papers are to be submitted to the Society(Whichever applicable)
(1) Application for membership by an heir of the deceased member, in Appendix-17, with Rs100 entrance fee. [under Bye-law No.35]
(2) If the heir does not have an independent source of income, an undertaking by an earning member and relative of the heir, who is ready to pay all Society's due of the heir has to be made on Rs100 Non-judicial Stamp Paper.
(2) The heir has to give an indemnity on Rs200 Non-Judicial Stamp Paper, in Appendix-19. [ under Bye-law no.35 ]
(3) The heir has to give an undertaking on Rs100 Non-Judicial Stamp Paper, in Appendix-4. [under the bye-law no. 17(b) and 19(A)(iv) ]
(4) CHS will display the notice in Appendix-16 in its notice board, send a copy to every member of the Society and will publish it in two local news papers having wide publicity, one in local language and one in English. Any claim from the public has to come within a period of 15 days from the date of publication of the notice. [ under Bye-law no.35 ]
(5) Attested Xerox copy of the Death Certificate of the deceased member. [ under Bye-law no.34 ]
(6) Xerox copy of the Share Certificate of the deceased member, with undertaking on the Xerox copy, that original share certificate will be produced by the member, as and when asked by the Secretary for making the name change by the Society.

(Note: The heir has to take a Xerox copy of the notice published in all the news papers as proof of publication in the newspapers and among the members of the said CHS. These are to be submitted to the Society, as a proof of publication in the papers.)

He will then submit his papers to CHS, only after the period stated in the newspaper has expired.

(1) All forms and papers as stated above are to be submitted in a file to the Society's office.
(2) All dues of the Society and the deceased member in arrears and also future dues for the following six months have to be paid by the nominator member at the time of submitting the membership application.
(3) All stamp papers are to be purchased in user's name.
(4) Entrance fees, have to be paid along with dues, at the time of submitting of the forms to the society.
(5) If the Society does not inform you of any objection within 90 days of submitting of your application for your membership, then under Section 22(2) of Maharashtra Co-operative Societies Act, 1960, you become a deemed member of the Society. To confirm your deemed membership, you have to make an appeal to your Deputy Registrar, to take a hearing and pass an order under section 22(2), to confirm your membership by the society.)

Hope i have answered your query.

Advocate Rushabh Ramaswamy LawRato