Amit (None) 09 January 2011

Transfer of Flat in my Mothers name

Hi,

My Father is the owner of the flat we have which is in a co-operative housing society. He passed away in August, leaving my mother, me and my brother as the legal heirs. For the flat, my Father has registered the nominations as: Mother - 50%, me and my brother - 25% each.

Now, I want to transfer the flat to my Mother's name. For the same, the society has asked to submit the NOC signed by me and my brother. Although, I have already signed it, my brother is not ready to sign the same.

In this scenario, the society says that the flat will then remain under my Father's name forever until my brother sign's on the NOC. Is this true? Isn't there any law which states that my Mother can have the flat in her name if she has the 75% nomination? (I will do the transfer from my 25% to her).

Please help me so that I can easily transfer the flat to my Mother's name without the need of my brother's signature. As far as I know, the flat should be transferred after 6 months of deceased date. So, if that doesn't happen, what happens next? Does the society decide what should be done?

Please help! Thanks.

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4 Replies

V. VASUDEVAN (LEGAL COUNSEL) 09 January 2011

The Society is right in going as per the Nomination. SInce nomination is done 50% (mother) and 25% each in the name of sons, the society cannot register the property in the sole name of your mother unless both sons relinquish their rights by no objection. The process should be mutually resolved. However, there is no time limit for transfer/registration of the flat in the name of the nominees and until all the nominees makes a joint request, the name in the society can continue to be your father. The maintenance bill and claims will be raised in your father's name and you can pay the same. Again there will be no voting rights until the nomination is duly registered.

vasudevan

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Amit (None) 09 January 2011

Hi Vasudevan,

Thank you for the quick reply and clarifying my doubts here. Now, my brother is asking that in the NOC, we should have a clause which would state that in any case, my Mother won't be able to kick-him out of the house which is very absurd as she has never even mentioned such things in her whole life. But there are certain people who like running behind money. Now, for this clause, he wants to add in the NOC that no transactions can be made without the signature of all 3 of us.

I wanted to ask here that, can't we just add the clause as mentioned above that all 3 legal heirs have equal rights to stay in my father's house? (or something similar).

According to my brother, there is no point available for this in legal terms. I would like your suggestions in this regards.

Thanks again!

V. VASUDEVAN (LEGAL COUNSEL) 10 January 2011

Hi, If the desire is to protect the legal heirs' right, the solution is simple. Please get the Flat registered (transmission process, which requires no transfer fees) based on the nomination, in the joint names of the your mother (1st name) and your and your brother's name as 2nd and 3rd. The joint holders have equal rights. To further protect the rights of the legal heirs, after the transmission is done in the society's records in the joint names as above, you can record the fresh nominees in the proportions you desire.

vasudevan

Amit (None) 11 January 2011

Hello Vasudevan,

Thank you for the reply. However, we don't want to transfer the flat in the names of all 3 of us. It should only be in my Mother's name. Other than that, a point needs to be added in the NOC (which will be submitted by me and my brother) that, my brother won't be dis-allowed to stay in the house at any given point of time.

Could you please suggest on this point? Thanks!