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Transfer of property

(Querist) 04 February 2014 This query is : Resolved 
Flat was purchased in a society in Pune was jointly registered in my father's name ( first holder) and my mother' s name ( second holder). My father has expired. How the property should be transferred in only my mothers name. I have one brother and one sister. Local corporation has transferred the flat in my mother's name in their records. Do any other formalities need to be completed
Advocate M.Bhadra (Expert) 04 February 2014
Your father and mother was joint owner i.e half share each,so after demise of your father your mother hold already half share.Therefore your mother you and your sister have equal share of remaining half.Now you and your sister can transfer your share by way of registered Gift Deed to your mother to make absolute on her own name.The local Corporation can not muted in your mother's name as an absolute owner without relinquish registered Deed.
ajay sethi (Expert) 04 February 2014
you , your sister and mother had 50%share in flat on your father death . both and your sister should execute relinquishment/gift deed in favour of your mother . then only would your mother be absolute owner of flat .
Rajendra K Goyal (Expert) 04 February 2014
Agree with the experts. Your mother is owner of 2/3 Share, you and your sister has 1/6the share each. You can execute relinquish deed in favor of your mother.
Jaswant (Querist) 05 February 2014
My father had made notorized nomination submitted to housing society in me and my brothers favor. would a relinquish deed or gift deed still be required from us brothers and sister. Would there be any problem if my mother sells the flat. Thanks in advance
ajay sethi (Expert) 05 February 2014
nominee is only a trustee for legal heirs . you still require a relinquishment deed or gift deed . for your information if you sell flat standing in mother name no bank will sanction loan for purchase of flat.


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