Transfer of flat by gift deed

 

Online (Querist)
01 March 2021

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.


kavksatyanarayanaOnline (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.

Keith D'SouzaOnline (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.

kavksatyanarayanaOnline (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 VashistaOnline (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

Dr J C VashistaOnline (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.

Keith D'SouzaOnline (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.



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