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Documents for transfer of flat

(Querist) 27 January 2009 This query is : Resolved 
Dear Experts!

I have a query. My Client is a widow based from Mumbai. She along with her husband own a flat and the share certificate bears their joint name (wife's name first). Husband expired later. Now the wife and daugthers want to transfer this flat into the name of his son for which they all have no objection. My query is that how to get the flat transferred into the name of son. Which documents need to be prepared for the same?

Thanks in advance.
sanjeev murthy desai (Expert) 27 January 2009

Dear Annapurna,

Registered Gift Deed is sufficiant to transfer

sanjeev desai
Ashok Kumar Garg (Expert) 27 January 2009
Indeed Gift deed is sufficient , but the question is there- who will gift or who will have right to gift.

It appears that the property was joint ownership of Husband and Wife. It is not known as to whether husband had executed any "will" in respect of his property. Whether he was Hindus and hence governed by Hindu Succession Act, 1956.

Wife ( mother of the son) undoubtedly can transfer / gift her share to the son. But the question is about the other half belonging to the deceased husband (father of the son). Therefore , it should be ascertained as to who are all heirs to the deceased , and then those heirs have to gift the other half to the son.
Adv.Shine Thomas (Expert) 28 January 2009
If they(daughters) have no objection then the transfer is possible
arunprakaash.m. (Expert) 29 January 2009
If the husband does not written any will then the share of the husband shall devolve under the intestate succession according to his religion. Take death certificate and succession certificates from the concerned authorities. Wife can transfer her share by executing gift deed. other members can release their respective shares by executing release deed. Apply to the secretary of the society will all the supporting documents for transfer of the said flat.
Ashey (Expert) 03 April 2009
Widow execute gift deed in resepect of her share in favour of son and
all other including widow executed release deed in respect of deceased share in favour of son


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