Transfer of flat by gift deed

Keith D'Souza (Querist) 01 March 2021 This query is : Resolved
My Mother and I are joint / equal owners of a flat in a CHS in Mumbai. Her name is first in the share certificate and mine is second. She has now executed a registered gift deed of her 50 % share in my favour. What documents and forms do i need to submit to the society to transfer the share certificate to my sole name. My society is not aware.

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A joint owner of a flat in a Mumbai CHS has received their mother's 50% share via a registered gift deed. The son, already a member, is seeking the necessary documents and forms to transfer the share certificate into his sole name. The society is requesting specific forms and suggesting a process that could delay selling the property, prompting a request for advice on how to proceed and challenge potential restrictions.

kavksatyanarayana (Expert) 01 March 2021
Your mother can execute a Release/Relinquishment deed relinquishing her right over the property in your favour. Otherwise, your mother can execute a gift deed in your favour.

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Keith D'Souza (Querist) 02 March 2021
Dear Adv Kavksatyanarayana,
Thanks for your reply. The gift deed has been already executed. Now only the transfer of her shares in the Co-operative housing society is pending but they are asking for transfer forms.

kavksatyanarayana (Expert) 02 March 2021
Ask them for transfer form and fill in it give them. If they do not take it, complain to the Deputy Registrar of Coop.Housing Societies of your district.

Dr J C Vashista (Expert) 07 March 2021
Dear Mr. Kavksatayanarayana ji,
The author states that his mother (50% shareholder of property) has gifted her share to son and the donee wants to know/get the documents to be submitted to CHS for transfer of share certificate solely (in his name only).
Thanks & Regards

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Dr J C Vashista (Expert) 07 March 2021
Mr. D' Souza,
Since you are already a member (2nd name in share certificate) you are required to apply on a plain paper to MC of the CHS with photocopy of gift deed for cancellation of share in the Society in the name of your mother and making an endorsement in the Share Certificate.

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Keith D'Souza (Querist) 08 March 2021
Dear Dr. Vashista,

Thank you for your reply. I have done the above, but they are insisting that I am an associate member. and are asking for my mother to resign as primary member and I apply apply for new primary membership, [Forms : 20 (1), 21, 13 from Doner & 20(2) 23 & 4 from Donee] which means after transfer of the shares / flat, I will not be able to sell the property for 12 months, as per the rules. Please advise.

T. Kalaiselvan, Advocate (Expert) 27 May 2021
You may have to follow the procedures that are laid down in the bylaws of the CHS.
However being a sole owner the society cannot restrict you to sell the property within a year from date of acquiring the sole membership of the property.
You can take legal steps against the society if they restrict you from selling the property that belongs to you by a registered deed.

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