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documents to be prepared after fathers death for transfer

(Querist) 23 May 2013 This query is : Resolved 
Dear experts@ club,

Would be grateful if you experts can guide me through the procedure for getting the flat transferred to my mothers name from my fathers name who just passed away a few day back. Alsi advise if do I need to have that particular document registered with the registrar?
Raj Kumar Makkad (Expert) 23 May 2013
You all other legal heirs of your father need to relinquish your share in the property in the name of your mother by way of registered relinquishment deed. It should be duly submitted to the society with your affidavits thereto and if any other document is required by the society, obtain it and get the work done.
malipeddi jaggarao (Expert) 24 May 2013
Ofcourse along with the death certificate of the deceased.
ajay sethi (Expert) 24 May 2013
you have not mention who are the surviving legal heirs . if your mother is the only legal heir she can make application to society for transfer of flat in her name . she has to furnish indemnity bond in favour of society . if there are other legal heirs besides your mother they have to give their NOC to society for transfer of flat in name of your mother .
V R SHROFF (Expert) 24 May 2013
Most probably there must be a NOMINATION filed by your father.
If so, a trf procedure is as per nomi, Otherwise as per intestate..
R.K Nanda (Expert) 24 May 2013
no more to add.
sagar (Querist) 24 May 2013
Thanks experts for your replies. One question which I had to ask is are any other documents required with the indemnity bond except death certificate.
R.K Nanda (Expert) 25 May 2013
ur welcome.
Dr J C Vashista (Expert) 26 May 2013
I agree to experts advise, however, the procedure of nomination is applicable in the case of society flat. Otherwise will have to move to the Tehsildar for mutation in the name of all surviving legal representatives
ajay sethi (Expert) 26 May 2013
visit your society office . make an application for transfer of flat in your mother name . society office bearers will guide you on the entire process
Raj Kumar Makkad (Expert) 26 May 2013
Society office bearers might have a check-list. Obtain that and fulfil their requirement.
Dr J C Vashista (Expert) 27 May 2013
Being a State subject, Cooperative Societies Act differ slightly.
The Delhi Cooperative Societies Act 2003 provides for appointment of nominee by the member to avoid subsequent litigation/ dispute amongst surviving legal representatives of the deceased member. Being President of a Co-operative Group Housing Society in Dwarka, New Delhi, we have been adopting the same.
Better contact local counsel.


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