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Mayur (consultant)     24 January 2017

Flat transfer by nominee

Respected Lawyers, Thanks for reading my query. The query pertains to a residential flat in Mumbai. My father passed away in 2012 and my mother by virtue of being a nominee had the share certificate transferred in her name. My mother now has decided to transfer ownership of the flat to me and my sister also has no objection to it. How can it be done legally ? 1. Can my mother gift deed it. I have read somewhere that a nominee is mere caretaker & hence is not the legal owner and hence cannot gift deed. 2. Succession certificate ? 3. Letter of administration ? Thanks for your advice in advance.


 3 Replies

Kumar Doab (FIN)     24 January 2017

Death certificate of owner, Legal heir certificate are basic requirements.

It is believed that you are all Hindu.

Confirm!

Nomination is not parallel route to succession.

The ClassI legal heirs of Hindy male are; Mother, wife,sons,daughters.

Anyone can gift/sell/release/settle/relinquish by a vlaid deed in anyone's favor.

Inquire procedure, forms etc from societyand go thru society Bye laws and  relate with Model Bye Laws of your state.

 

 

 

 

Kumar Doab (FIN)     24 January 2017

Local counsels well versed with local laws and rules can guide you the best.

 

Kumar Doab (FIN)     24 January 2017

LCI experts Mr. Hemant Agarwal, Mr. Kishore Mehta, Mr.M.V.Gupta are from Mumbai and have been posting in such matters.

Mr. Hemant Agarwal has a well nourished blog also.

If you wish you can get in touch with them. 


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