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Co owner

(Querist) 10 March 2012 This query is : Resolved 
my sister had bought a flat in mumbai,she transferred it in the name of my mother without any considerations.My mother nominated my brother.My mother expired last year.Can my brother make my sister CO OWNER who originally bought the flat ?
Kirti Kar Tripathi (Expert) 10 March 2012
Initially your sister was owner, after transfer, your mother became absolute owner of the house.non payment of consideration will not make any differences as it was a gift under the law. As n absolute owner, your mother was well within her power to nominate any one, thus she exercise her right and nominate your brother, after her death your brother became absolute owner of the property, as an absolute owner he has every right to dispose or give or shares his property in any way. In case, he want to make your sister or any one as co-owner, he has every right to do so.
vineeta (Querist) 10 March 2012
Thank you very much for the reply.please advice what documents he has to make to do so ?
Kirti Kar Tripathi (Expert) 10 March 2012
It can be gift deed or transfer deed or settlement deed. It is his choice.
vineeta (Querist) 10 March 2012
which is the best of the three ?and after how much time can he submit it to society after the property is transferred in his name?and is noc of other siblings needed in the transferring in the name of my brother as society is asking for the same.
Kirti Kar Tripathi (Expert) 10 March 2012
all are equally good.
vineeta (Querist) 10 March 2012
thank you for your expert advice.
Nadeem Qureshi (Expert) 11 March 2012
Dear Veenita
I agree with Mr. Tripathi
ad. creaminall (Expert) 11 March 2012
Well advised by Mr. TRipathi.
V R SHROFF (Expert) 11 March 2012
yes you can do so.
Raj Kumar Makkad (Expert) 11 March 2012
Legally you all 3 are legal heirs of the your deceased mother to the extent of 1/3 share each and your brother can include your sister as asked by you.


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