Sra flat transfer

Shailesh Chhajed (Querist) 24 May 2024 This query is : Resolved
Hi Experts,
I had purchaed a SRA flat in the year 1997, as the rule says it cannot be transferred before 10 years, i couldnt get it transferred. In the year 2010, the person to whom the flat was alloted expired from whom i had purchased. As his wife was the nominee in soceity records, the soceity transferred it in her name. How do i get it transferred in my name as his wife doesnt have Allotment Letter , Annexure II with her as the same is compulsory document to transfer the flat.

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This discussion addresses a complex SRA flat transfer issue where the original allottee passed away before the flat could be transferred to the buyer. The flat was subsequently transferred to the deceased's wife, who lacks the necessary allotment letter and Annexure II. The advice suggests the buyer needs to instruct the seller (the wife) to cooperate in obtaining these crucial documents, as they are essential for a legal transfer into the buyer's name. The wife, as a joint owner, must apply for these from the relevant authorities.

T. Kalaiselvan, Advocate (Expert) 24 May 2024
If you have purchased the property then you instruct the seller to co-operate with you to transfer the property records to your name failing which you issue a legal notice to her in this regard.
It becomes the duty of the vendor to arrange for all the documents including allotment letter because you will not be entertained if you approach the authorities concerned in this regard.

kavksatyanarayana (Expert) 24 May 2024
You did not purchase the property directly from the SRA. It is a 3rd party agreement and it is not mentioned whether an agreement between the allottee and you or not. Why all these year you kept quite, is there any other problem?

P. Venu (Expert) 27 May 2024
What is the real problem - Is it that the Original Letter is missing or displaced or that, even though the Original Letter is available but the said letter does not have the wife's name on it??

If the latter case, what is the source of your information that "Annexure II with her as the same is compulsory document to transfer the flat."?

Shailesh Chhajed (Querist) 28 May 2024
In SRA, Both Husband & Wife are equal owners, the main problem is non availability of Annexure - II & Allotment Letter / Possession Letter. Both the documents are required to transfer the property. Can someone suggest how do i obtain the Copy of Annexure II and from which department.

T. Kalaiselvan, Advocate (Expert) 28 May 2024
The wife is the joint owner has to apply for allotment letter from the authorities concerned and also get her name transferred in the Index-II accordingly after which she can give NOC to you to get the records transferred to you.
You have to follow it up with your vendor, this was advised to you in my earlier post also but without understanding the answer you are repeating the same question in a different manner

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