Property transfer after death
Pramod Ramatmajan
(Querist) 07 December 2011
This query is : Resolved
My mother in law owns a CIDCO apartment property in Navi Mumbai. She wants the property to be transferred to her daughter's (my wife) name post her death provided we payout my wife's brother's share in the property now.
My question is:
1. Can the transfer be effected (post her death) by way of including my wife as a assiciate member of the society and also as a nominee.
2. Is it neccessary for her to make a will in my wife's favor.
3. Is there any document which I need to take from my brother in law in which he relinquishes his rights.
4. Is there any better way to work out this arrangement
Thanks
vinay vaidhya
(Expert) 07 December 2011
get the property transferred by way of gift in your wife and wife's brother name and then release deed from your wife's brother to your wife after consideration
Raj Kumar Makkad
(Expert) 08 December 2011
I do not agree with the advice of Vinay as it is typical and very very expensive and even impractical way.
I suggest you to get irrevocable confirmed will from your mother in law whereon your brother in law should also be made as one of the witnesses along-with a doctor. This will should be got registered and you can thereafter pay in case/consideration as per your settlement to your brother in law.
Pramod Ramatmajan
(Querist) 09 December 2011
Thank you for your responses. I would also like to know if being an associate member of a housing society also confers co ownership rights
