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Akash (XYZ)     11 December 2013

Transfer of flat

My mother and father own a flat in co-op housing society in Mumbai. My mother is shown as the first holder on the share certificate and my father is the second holder on the share certificate.

Both my parents are elderly and my mother has not been keeping good health of late. I do not want to upset her to make her will.

Can some one advise me how we would go about transferring the flat to my father's name just incase something happened to my mother? We are four sibligs. Can any of my sibling claim to be legal heirs of my mother and thereby create trouble to transfer to my fathers name? What is the procedure for the society to transfer the flat to my fathers name?



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 1 Replies

Hardeep (Business)     11 December 2013

This case would most probably fall under "Tenancy by Entirety " in which case, upon death of one spouse the property devolves on the other. The surviving spouse should just need to give the Death Certificate to the Society. Societies however, generally being ignorant and not bothered, ask for a properly registered Will and it is always better to have that to avoid any disputes/ misunderstandings later. Both your  parents could make such a Will leaving their share to the other spouse in the event of one's demise.And the wills could be signed by all the siblings as witnesses and then registered as required by law.

 

You could also discuss this with the Society as to what would they need.

 

Death is a fact of life, howsoever much we may try to delay/avoid it. It is better to have an "ordered house" beforehand as much as possible.

 

Seniors may please correct/comment/suggest.

 

Disclaimer : General Information above is provided without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel .  However,if it helped you even partially a " thanks" would be appreciated and serve as encouragement for continued efforts :-)


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