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Transfer of ownership of a cooperative flat

(Querist) 14 July 2018 This query is : Resolved 
My elder sister is a member of a cooperative housing society. She has chosen my younger son as nominee though she has a son of her own. The C.C. of the flat has not been granted yet. She wants to transfer the ownership of the flat to my son. What are the procedures?
Guest (Expert) 14 July 2018
You have made a mention of two different aspects of the case, i.e., nomination for the flat as well as the procedure for transfer of ownership. While claim for nomination may arise only after the death of your sister, transfer of ownership can only be made on transfer of membership of the society from your sister to the name of your son. For procedure of transfer of membership and flat after that, you may better refer to the bylaws of the concerned society.

Dr J C Vashista (Expert) 15 July 2018
Ask your sister to execute a "GIFT" Deed in favour of your son.
Guest (Expert) 15 July 2018
Dear Dr. JC Vashista,

In my view, for gifting, a clear title of the flat should be a must by registration of the flat in the name of the sister of the querist to get legal title on the property in question. The querist has not mentioned anywhere that the flat is registered in the name of his sister in the absence of a CC. He has clearly mentioned that "the CC of the flat has not been granted yet."

Your views are solicited please.
Kumar Doab (Expert) 15 July 2018
Title holder e.g; Your elder sister per records, in a housing society, can chose anyone as her/his nominee.
Nominee is mere trustee and legal heirs can claim the estate/property from nominee.

GO thru;
Calcutta High Court
Smt. Indrani Wahi vs The Registrar, West Bengal ... on 24 March, 2004
Equivalent citations: (2004) 2 CALLT 444 HC, 2004 (3) CHN 483
Author: P Chattopadhyay
Bench: P K Chattopadhyay
https://indiankanoon.org/doc/1419680/
Kumar Doab (Expert) 15 July 2018


and then;
Supreme Court of India;
Indrani Wahi Vs. Registrar of Cooperative Societies & Ors.
[Civil Appeal No.4646 of 2006]
[Civil Appeal No.4930 of 2006]
JAGDISH SINGH KHEHAR, J.
[Civil Appeal No.4646 of 2006]
http://www.advocatekhoj.com/library/judgments/announcement.php?WID=7338

Kumar Doab (Expert) 15 July 2018

You may also go thru similar queries in threads, articles at :LCI and pick up relevant points and relate with provisions of society bye laws/model bye laws/Act in your state..

She can also dispose her self earned/acquired, absolute estate/property in her life time in anyone’s favor by a valid/registered deed e.g; WILL, gift….
If her choice is WILL she may consider to register the WILL, preferably.
Testator can also consider by her/his free will,…other perspectives.. Settlement deed with life rights, …etc
Kumar Doab (Expert) 15 July 2018


IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
It is not mandatory to probate the WILL in other areas. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Any WILL can be contested.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL. In such case one should understand the time and costs involved.
The legal heirs ( and even beneficiary) may also consider perspective of registered (family) settlement after the WILL and register it.

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally for compliance with procedure.

Kumar Doab (Expert) 15 July 2018


IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
It is not mandatory to probate the WILL in other areas. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Any WILL can be contested.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL. In such case one should understand the time and costs involved.
The legal heirs ( and even beneficiary) may also consider perspective of registered (family) settlement after the WILL and register it.

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally for compliance with procedure.

Kumar Doab (Expert) 15 July 2018
Once you have understood the procedure, costs, time, hazards involved ...you may show the agreements signed with builder containing all clauses including on transfer of rights etc and chose the most suitable option as deemed fit .....preferably in consultation with a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….to help you to draft a valid deed with proper narration to defend your long term interest.
Check for such counsel at LOCAL Co-op court,Civil Courts, HC, SC..


LCI Experts Mr. Hemant Agarwal, Mr. Devajyoti Barman, Mr. M.V.Gupta, Mr. Kishore Mehta have been posting on such matters with insights in threads, Articles....and if you wish you can benefit from their expertise.
They may be at your location..
Kumar Doab (Expert) 15 July 2018


Same Query;
http://www.lawyersclubindia.com/forum/Ownership-of-a-flat-151087.asp

Kumar Doab (Expert) 15 July 2018
You may also go thru Article by Mr. Hemant Agarwal;
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp

and pick up relevant points..
Guest (Expert) 15 July 2018
Good show by 8 posts in continuation by an expert, as of a number game, but without any specific advice!
Kumar Doab (Expert) 15 July 2018
Same poorest in the poor show by good for nothing IT an entity that doesn't matter.

Surprisingly IT has not repeated 8-10 times and blamed LCI and service provider.......
a pick up from fiction and movie like 'Blame IT on Rio'.
Guest (Expert) 15 July 2018
Touts of lawyers are thick skinned fellows.
Kumar Doab (Expert) 15 July 2018
IT is touting by shouting....as usual...
Want to fall for as usual Pachaas Rupalli...again.

Now IT won't stop.
Guest (Expert) 15 July 2018
Now the quack and tout of lawyers has demonstrated about his unsound mind.
Dr J C Vashista (Expert) 16 July 2018
Dear Sh. Dhingra ji,
As stated by the author his sister has a clear title of the flat in Society and she want it to be transferred to the son of queriest ignoring her own son, accordingly I find it appropriate to suggest she should execute a GIFT DEED.
However, issue of CC is irrelevant qua transfer of title, which you have also agreed.
Thanks and regards


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